The Supreme Court declined urgent hearing of a PIL seeking an independent probe into the alleged fake encounter killing of Bharat Bhushan Tiwari in Bihar, asking the petitioner to approach the Registrar first. The plea also raises concerns over extra-judicial killings nationwide.
The Supreme Court today declined to urgently hear a public interest litigation (PIL) that sought an independent probe into the alleged fake encounter killing of 28-year-old Bharat Bhushan Tiwari in Bihar’s Bhojpur district.
A bench of Justice B.V. Nagarathna and Justice Joymalya Bagchi rejected the plea for an immediate hearing and directed the petitioner to follow the standard process through the Supreme Court Registry.
The Bench told petitioner Vishal Tiwari,
“Mention before Registrar first”.
Earlier, A Public Interest Litigation (PIL) has been moved before the Supreme Court seeking an independent probe into the alleged fake encounter killing of 28-year-old Bharat Bhushan Tiwari in Bihar’s Bhojpur district.
The plea also raises wider concerns about what it describes as an expanding encounter culture and incidents of extra-judicial killings across the country.
Filed under Article 32 of the Constitution, the petition argues that fake encounters and police brutality in States including Bihar and Uttar Pradesh have become a serious threat to the rule of law and to democratic governance.
The petition alleges that the encounter occurred within 24 hours of police statements claiming that Tiwari was mentally unwell and that efforts were underway to place him in safe custody and arrange treatment at a mental health facility. Relying on statements made by the deceased’s father, Kashinath Tiwari, it contends that Bharat Bhushan Tiwari had no criminal antecedents and no FIRs or chargesheets pending against him.
It further states that he was involved in social work. The plea also asserts that Bharat Bhushan Tiwari had thrown away his pistol and surrendered to the police, yet was shot dead.
The petition further claims that the incident led to protests in Bilauti village, within the area under Shahpur police station limits.
Residents reportedly demanded a fair and impartial inquiry into the circumstances surrounding the killing. According to the PIL, while legal action may be warranted if a person is found to be taking up arms against the police, the use of lethal force after an alleged surrender raises serious questions about whether established police procedures were followed.
The PIL argues that the incident must be evaluated in the light of the Supreme Court’s decision in People’s Union for Civil Liberties (PUCL) v. State of Maharashtra (2014) 10 SCC 635, in which detailed guidelines were issued for investigations into police encounters.
The petition also points to other alleged encounter-related deaths in Uttar Pradesh, including the reported killing of Samajwadi Party-linked murder accused Kamlesh Bind on June 3, 2026.
The plea states that this incident triggered public outrage and allegations that Bind was a victim of a staged fake encounter, noting that he had been married only a month before his death. It further refers to the March 2026 encounter deaths of Zeeshan and Gulfan in Loni, Uttar Pradesh, who were allegedly suspected in an attempt-to-murder case involving one Saleem Wastik. The petition states that Wastik was later arrested by the Delhi Police in connection with the kidnapping and murder of a businessman’s son in 1995.
Significantly, the petition alleges the emergence of half encounters in Uttar Pradesh where accused persons are reportedly shot below the knee and then presented as victims injured in police encounters. The plea cites reports of an unusual visit by an Additional Chief Judicial Magistrate to Deoband Jail, where inmates allegedly showed gunshot wounds and claimed they had been illegally detained, tortured, and later shot by police personnel. It describes these incidents as manifestations of oppressive police brutality and argues that they reflect a drift toward a police state.
The PIL seeks registration of an FIR against the police personnel involved in Bharat Bhushan Tiwari’s killing and requests a court-monitored CBI investigation into the encounter. It also asks for the constitution of an independent expert committee headed by a former Supreme Court judge to examine the incident.
In addition, it prays for directions to the Union Government to issue advisories to all States to strictly follow the guidelines laid down by the Supreme Court in the PUCL judgment on police encounters and extra-judicial killings.
Case Title: Vishal Tiwari v. Union of India & Ors.