New Delhi: The Supreme Court on Monday declined an urgent hearing on a Public Interest Litigation (PIL) seeking a court-monitored probe into the alleged fake encounter killing of Bharat Bhushan Tiwari in Bihar’s Bhojpur and raising concerns over the growing trend of extra-judicial killings and “half encounters” in parts of the country.
When the matter was mentioned before the single-judge Bench of Justice B.V. Nagarathna, she declined the request for an urgent hearing and directed advocate Vishal Tiwari, appearing as petitioner-in-person, to first approach the apex court registry for listing of the matter.
The PIL seeks directions for registration of an FIR in connection with the June 17 encounter killing of Tiwari in Bhojpur, besides seeking a judicial inquiry headed by a former Supreme Court judge and a probe by the Central Bureau of Investigation (CBI).
According to the petition, encounter killings amount to extra-judicial executions and pose a serious threat to the rule of law in a democratic society. It contended that police personnel involved in encounters often rely on a recurring justification that the deceased attempted to snatch a weapon and open fire while trying to escape, resulting in retaliatory action by the police.
Referring to the Bhojpur incident, the plea said that 28-year-old Tiwari was killed within hours of making a Facebook Live broadcast in which he allegedly expressed willingness to surrender if certain demands were met.
The plea referred to claims made by the deceased’s father, Kashinath Tiwari, who alleged that his son had no criminal record, FIR or charge sheet against him and was shot even after laying down his weapon.
According to the petition, the incident has triggered protests in the village, with residents demanding an inquiry into whether the use of lethal force was justified after the alleged surrender.
“The encounter has led to protests in the village, with residents demanding an inquiry into the circumstances surrounding Tiwari’s death,” the plea said. It added that while taking up arms against the police was wrong and warranted legal action, “the use of lethal force after an alleged surrender raises serious questions”.
The petition further argued that fake encounters and extra-judicial killings amount to a violation of the fundamental right to life and liberty guaranteed under the Constitution.
“The police cannot be allowed to become a mode of delivering final justice or to become a punishing authority. The power of punishment is only vested in the judiciary,” the plea stated.
Besides seeking a probe into the Bhojpur encounter, the PIL has sought directions to curb extra-judicial killings and “half encounters” and ensure strict compliance with the guidelines laid down by the Supreme Court in the PUCL judgment governing investigations into encounter deaths. The petition also referred to recent alleged encounter cases in Uttar Pradesh and claimed that a culture of “half encounters” had emerged in the state, necessitating judicial intervention to safeguard constitutional rights and uphold the rule of law.
(IANS)
