SC urged to order FIR, independent investigation into Bhojpur encounter

New Delhi: A representation has been submitted before the Supreme Court seeking it take suo motu cognisance of the alleged encounter killing of Bharat Bhushan Tiwari in Bihar’s Bhojpur district and directions for the registration of an FIR, an independent investigation, and strict compliance with the apex court’s guidelines governing police encounter deaths.

Addressed to Chief Justice of India (CJI) Justice Surya Kant, the representation was filed by advocate Narendra Mishra, who urged the apex court to order a court-monitored probe, preferably by the Central Bureau of Investigation (CBI) or a Special Investigation Team (SIT), into the June 17 incident in Bilauti village under Shahpur police station limits.

The representation contended that the incident has raised “serious questions regarding the rule of law, constitutional protections, and compliance with the guidelines laid down by the Hon’ble Supreme Court in cases involving police encounters”.

According to the representation, family members and villagers have alleged that Tiwari had surrendered before the police and thrown away his pistol, and that videos circulating in the public domain purportedly suggest circumstances indicating surrender before the shooting. “The family has consistently maintained that the deceased was unarmed at the time of the shooting and that the incident was not a genuine encounter but an extrajudicial killing,” it said.

The representation claimed that no criminal history or previous FIR against the deceased has been publicly disclosed and described him as a graduate who was locally known for raising issues relating to floods, erosion, and public grievances through social media. It further alleged that the deceased did not pose any immediate threat warranting the use of lethal force if he had already surrendered.

“If a person has already surrendered and no longer poses an imminent threat, the use of lethal force prima facie falls outside the scope of lawful police action and may attract offences punishable under Section 302 IPC (earlier law)/ Section 103 of the Bharatiya Nyaya Sanhita, 2023, subject to an independent investigation,” the representation stated.

Referring to the Supreme Court’s judgment in People’s Union for Civil Liberties (PUCL) vs State of Maharashtra (2014), the representation said that encounter deaths require mandatory registration of an FIR, an independent investigation, a magisterial inquiry, preservation of evidence, and reporting to the National Human Rights Commission (NHRC) or the State Human Rights Commission.

“The law is well settled that police encounter is an exceptional measure and can only be resorted to in situations of immediate and unavoidable threat to life. It cannot become a substitute for arrest, investigation, trial, and judicial determination of guilt,” it said.

The representation also cited reports that police personnel involved in the operation had subsequently been suspended, arguing that this itself raises concerns regarding the legality of the encounter. It further claimed that persons protesting the incident and demanding justice had faced criminal proceedings, creating apprehension among witnesses and affected persons.

Seeking judicial intervention, the representation urged the apex court to direct registration of an FIR under the applicable provisions of law, including Section 103 of the Bharatiya Nyaya Sanhita, order an independent investigation by an agency unconnected with the local police hierarchy, and ensure preservation of all video recordings, CCTV footage, body-camera footage, wireless communications, forensic material and other evidence linked to the incident.

“The credibility of the rule of law depends upon ensuring that allegations of extra-judicial killings are investigated transparently, independently, and in accordance with constitutional principles. Justice must not only be done but must also be seen to be done,” the representation stated.

It also sought directions to the NHRC and the Bihar State Human Rights Commission to independently examine the matter and requested protection for the deceased’s family members and witnesses.

The representation comes amid a growing controversy over the Bhojpur encounter. On Saturday, the Bihar government ordered a judicial inquiry into the incident amid mounting political pressure and public outrage. Chief Minister Samrat Choudhary announced that a retired High Court judge would conduct an independent probe into the encounter and examine all facts, circumstances and disputed aspects of the case. The issue has also sparked criticism from leaders within the ruling alliance.

JD-U National Working President Sanjay Kumar Jha said that viral videos relating to the encounter had raised serious doubts about the circumstances surrounding the incident. “The video that has surfaced regarding the Bharat Tiwari encounter case certainly raises doubts. The suspension of four police personnel is not enough. A time-bound investigation must be conducted and action taken against the guilty,” he said.

Senior BJP leader and former Union Minister Ashwini Choubey also questioned the police version of events, asking why officers opened fire if Tiwari had already surrendered and was allegedly unarmed. Ara MP Sudama Prasad, after visiting Bilauti village and meeting the deceased’s family, alleged that the available video footage and other evidence suggested that the encounter appeared to have been staged.

Authorities, however, maintain that Tiwari opened fire on a police team during an operation to apprehend him, prompting retaliatory firing. Family members and villagers dispute this claim and allege that he was shot after surrendering. The controversy intensified after videos purportedly linked to the incident circulated widely on social media, raising questions over whether standard operating procedures were followed during the police action.

–IANS