The Supreme Court on Monday declined to grant urgent listing to a public interest litigation (PIL) seeking an independent investigation into the alleged fake encounter of 28-year-old Bharat Bhushan Tiwari in Bihar’s Bhojpur district, along with broader concerns regarding alleged extra-judicial killings and the growing “encounter culture” in the country.
The single-judge Bench of Justice BV Nagarathna asked the petitioner to first approach the Registrar for listing of the case.
Filed under Article 32 of the Constitution by Advocate Vishal Tiwari, the petition argued that alleged fake encounters and police brutality in states, including Bihar and Uttar Pradesh, posed a grave threat to constitutional governance and the rule of law. The petition termed such encounters as “extrajudicial executions,” where the police bypassed the legal system entirely, effectively acting as judge, jury, and executioner.
The plea specifically related to the death of Bharat Bhushan Tiwari, who was killed in a police encounter in Bhojpur district on June 17, 2026. According to the petition, Tiwari had gone live on Facebook hours before the incident and expressed willingness to surrender if certain demands were fulfilled. The plea claims that police had earlier described him as mentally unwell and stated that efforts were underway to take him into custody safely and provide medical treatment.
Relying on statements attributed to Tiwari’s father, Kashinath Tiwari, the petition stated that the deceased had no criminal record, no FIRs or charge sheets pending against him and was involved in social work. It further alleged that he had discarded his weapon and surrendered before being shot dead by police personnel.
Furthermore, the PIL references purported encounter killings in Uttar Pradesh, drawing attention to the phenomenon of “half-encounters.” In these instances, law enforcement allegedly inflicts non-fatal gunshot wounds below the knee, later characterizing the individuals as injured suspects.
Seeking a court-monitored CBI probe, the petition has also requested the constitution of an independent expert committee headed by a former Supreme Court judge to examine such incidents and ensure compliance with the Supreme Court’s PUCL guidelines governing police encounters.
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