The Supreme Court rejected a Public Interest Litigation (PIL) seeking a court-monitored investigation into the alleged ‘fake’ encounter killing of Bharat Bhushan Tiwari in Bihar’s Bhojpur district. The Bench of Justices M.M. Sundresh and Sheel Nagu advised the petitioner to seek appropriate remedies in the High Court, questioning the PIL’s validity under Article 32 of the Constitution.
Advocate Vishal Tiwari, representing the petitioner, highlighted the gravity of the incident and the violation of the right to life. However, the Bench led by Justice Sundresh suggested approaching the High Court instead of the Supreme Court for such matters. The petitioner had referenced previous encounter killing cases before the apex court but failed to convince the Bench.
The Supreme Court declined to entertain the petition and encouraged the petitioner to pursue legal recourse in the jurisdictional High Court. The PIL had requested an FIR registration for the encounter killing of Bharat Bhushan Tiwari on June 17 in Bhojpur, along with a judicial inquiry by a former Supreme Court judge and a CBI investigation.
The plea argued that encounter killings undermine the rule of law and democratic principles, posing a significant threat. It pointed out the common police justification of suspects attempting to snatch weapons and fire, leading to lethal police action. The petition specifically mentioned the case of Bharat Bhushan Tiwari, who was allegedly shot despite expressing willingness to surrender in a Facebook Live broadcast.
