Bhojpur Encounter Plea In Sc Seeks Cbi Probe Constitution Of Expert Committee

A plea in the Supreme Court has sought a probe by the Central Bureau of Investigation (CBI) along with the constitution of an independent expert committee under the chairmanship of a former SC judge to investigate the alleged “extra-judicial killing” of Bharat Bhushan Tiwari in a police encounter in Bilauti village of Bihar’s Bhojpur district on June 17.

Tiwari’s killing has triggered a row with his family claiming that he had surrendered and discarded his weapon before being fatally shot by the police. On Monday, advocate Vishal Tiwari, who has filed the plea, mentioned the matter for urgent listing before a bench of Justices B V Nagarathna and Joymalya Bagchi. “Mention before the registrar,” the bench told Tiwari.

In his plea, Tiwari said that in a democratic society, police cannot be allowed to become a punishing authority as this power is only vested in the judiciary. Referring to the Bihar incident, the petition said it has triggered a debate over police procedures and the use of force during encounters. The plea claimed that the man’s killing appeared to be “suspicious”.

“The incidents of extra-judicial killings have increased in the past few years which is a big challenge to the rule of law,” it said, claiming recently police encounters have increased sharply across Bihar. It also referred to a 2014 SC verdict which issued a slew of guidelines to be followed in matters of investigating police encounters which have led to death or grievous injury.

The plea said, “Fake encounters or deaths/murder of accused in police custody/jail weakens the rule of law and if these killings will be justified by saying that the killed accused was a gangster or having antecedents of criminal cases, then it would be leading the society towards the law of eye for an eye.” It also sought the Centre be directed to issue an advisory to all chief secretaries of states to comply with the directions and guidelines laid down by the SC in its 2014 verdict.

Bihar human rights commission (BHRC) issued notice to the chief secretary, DGP and Bhojpur SP and called for reports of fact-finding inquiry within four weeks. Human rights advocate SK Jha who filed the custodial violence petition before the NHRC and BHRC told HT that the commission chairperson Justice AM Badar took cognisance and fixed the date on July 13.

Advocate Mukesh Kumar filed a Public Interest Litigation (PIL) in Patna high court on Monday seeking an independent and fair probe into alleged police encounter of Tiwari in Shahpur police station area and bringing the officials responsible under the purview of the law. The petition was mentioned before a division bench of Chief Justice Meenakshi Madan Roy for urgent hearing.

The plea alleged that before the incident, a video in which Tiwari is allegedly seen brandishing a weapon was circulated on social media. The petitioner questioned if police had sufficient information, why he was not arrested and no weapon recovered. The petition said the youth was killed in an alleged encounter the next day, raising serious questions about the episode.

Advocate Mukesh claimed that prima facie it appears to be a case of murder and a fair investigation is required. He alleged that if any person has surrendered and despite that he has been fired upon, then accountability should be fixed and an FIR should be registered against the concerned police officers.

In a bid to ensure accountability, the state government has ordered a high-level, independent inquiry into the incident. The state government had announced a probe by a retired high court judge, though a formal notification in this regard is yet to be issued.

Following the incident, five policemen including the SHO of Shahpur police station were suspended after questions were raised over the handling of the operation. The suspension came after a purported video showed an armed suspect pointing a pistol at security personnel, with allegations that officers failed to respond promptly on the first day.

Sudhanshu Kumar, ADG (Law and Order), confirmed that the state has taken swift action to address the concerns raised by the case. To maintain the integrity of the investigation, the government has moved beyond standard departmental reviews.

“Two separate FIRs have been registered by police. The Sahabad range DIG has been appointed to oversee the investigation. As the investigation unfolds under the dual oversight of the Shahbad range DIG and the judicial committee, officials have emphasised that the probe will be conducted with total transparency,” he said.

The ADG has urged citizens to await the findings of the committee, which will now be the primary authority on determining the facts surrounding the encounter.

Meanwhile, family members and friends of Tiwari met Jansuraj Party founder Prashant Kishore and urged him to participate in a Maha Panchayat to be held on June 24 on this issue. Prashant Kishore assured the family of all possible support in this matter. Bhojpuri singer and actor Khesari Lal Yadav also visited the victim’s family members.