The Supreme Court refused an urgent hearing on a Public Interest Litigation (PIL) concerning the alleged fake encounter killing of Bharat Bhushan Tiwari in Bihar’s Bhojpur. The PIL highlights concerns over the rise of extra-judicial killings and “half encounters” in various parts of the country. The request for an urgent hearing was turned down by Justice B.V. Nagarathna, who advised the petitioner to first approach the apex court registry for listing the matter.
The PIL calls for the registration of an FIR related to Tiwari’s encounter killing on June 17 in Bhojpur. It also seeks a judicial inquiry led by a former Supreme Court judge and a CBI investigation. The petition argues that encounter killings amount to extra-judicial executions, posing a significant threat to the rule of law in a democratic society. Police often justify encounters by claiming that the deceased tried to snatch a weapon and open fire while attempting to escape, leading to police retaliation.
In the case of Tiwari, the petition mentions that he was killed shortly after a Facebook Live broadcast where he expressed willingness to surrender under certain conditions. Tiwari’s father alleged that his son had no criminal record and was shot despite surrendering. The incident has sparked protests in the village, with residents demanding an inquiry into the use of lethal force after the alleged surrender.
The petition emphasizes that fake encounters and extra-judicial killings violate the fundamental right to life and liberty guaranteed by the Constitution. It asserts that the police should not act as a final justice or punishment authority, as that power is solely vested in the judiciary. The PIL also calls for measures to prevent extra-judicial killings and ensure adherence to the Supreme Court’s guidelines on investigations into encounter deaths, citing recent alleged encounter cases in Uttar Pradesh.
