New Delhi, June 21: A call has been made for the Supreme Court to take suo moto cognizance of the alleged police encounter resulting in the death of Bharat Bhushan Tiwari in Bhojpur district, Bihar. A representation has been filed before the apex court requesting the registration of an FIR, an independent investigation, and strict adherence to the Supreme Court’s guidelines regarding police encounters.
The representation, submitted by advocate Narendra Mishra, addresses Chief Justice Justice Suryakant. It seeks a court-monitored investigation into the encounter that occurred on June 17 in Bilauti village, within the jurisdiction of Shahpur police station. The suggestion is to conduct the investigation through the Central Bureau of Investigation (CBI) or a Special Investigation Team (SIT).
The representation highlights that this incident raises serious questions about the rule of law, constitutional rights, and adherence to the Supreme Court’s established guidelines concerning police encounters.
The petition claims that the deceased’s family and villagers allege that Bharat Bhushan Tiwari had surrendered to the police and even discarded his weapon. Viral videos on social media reportedly indicate a surrender situation. The family asserts that Tiwari was unarmed at the time of the shooting, characterizing the incident not as a genuine encounter but as extrajudicial killing.
Additionally, the representation states that there is no public record of any criminal history or prior FIR against the deceased. He was known as a graduate who raised issues related to floods, erosion, and public concerns via social media.
According to the petition, if Tiwari indeed surrendered, the use of lethal force against him could be deemed beyond the legal scope of police action and might fall under the category of a crime as per Section 103 of the Indian Penal Code (IPC).
The representation references the Supreme Court’s 2014 PUCL vs. State of Maharashtra ruling, which mandates that an FIR must be registered, an independent investigation conducted, a magistrate inquiry held, evidence preserved, and a report submitted to the National Human Rights Commission (NHRC) or the State Human Rights Commission in cases of death during police encounters.
The petition emphasizes that police encounters should only occur in extraordinary circumstances and when there is an immediate threat to life. They cannot replace arrest, investigation, prosecution, or judicial processes.
The representation also notes reports of suspensions of the police personnel involved in the encounter, raising further questions about the legitimacy of the incident. Allegations have also surfaced regarding actions taken against protesters demanding justice, potentially instilling fear among witnesses and affected individuals.
The Supreme Court is urged to direct the registration of an FIR under Section 103 of the IPC and other relevant sections, to ensure an independent agency investigates the matter, and to preserve all related videos, CCTV footage, body camera recordings, wireless communications, and forensic evidence.
Furthermore, the petition calls for the NHRC and the Bihar State Human Rights Commission to be instructed to conduct an independent investigation and to provide security for the deceased’s family and witnesses.
It is noteworthy that amid rising controversy and political pressure regarding the Bhojpur encounter, the Bihar government ordered a judicial inquiry on Saturday. Chief Minister Samrat Chaudhary announced that a retired High Court judge would conduct an independent investigation into all facts and disputed aspects of the case.
Leaders from the ruling coalition have also raised questions. JD(U) National Executive President Sanjay Kumar Jha stated that the viral videos have cast serious doubt on the circumstances of the encounter, asserting that the suspension of just four police officers is insufficient. There should be a timely investigation and action against the guilty.
Meanwhile, senior BJP leader and former Union Minister Ashwini Choubey questioned why the police fired if Bharat Tiwari had surrendered and was unarmed. Ara MP Sudama Prasad also deemed the encounter suspicious based on available videos and other evidence.
However, the administration claims that Tiwari fired at the police team attempting to apprehend him, prompting the police to return fire. Relatives and villagers reject this assertion, alleging that he was shot after surrendering.
The situation has escalated further due to the viral videos on social media, raising significant concerns about adherence to standard procedures in police actions.
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