SC refuses PIL to probe Bharat Bhushan Tiwari's encounter killing
What's the story
The Supreme Court has refused to entertain a Public Interest Litigation (PIL) seeking a Central Bureau of Investigation (CBI) probe into the alleged extrajudicial killing of Bharat Bhushan Tiwari. The incident took place in Bhojpur, Bihar, on June 17. A bench comprising Justices MM Sundresh and Sheel Nagu asked the petitioner, Advocate Vishal Tiwari, to approach the Patna High Court instead. "We will not entertain....It's better to go to HCs, because they are monitoring better," Justice Sundresh said.
Probe request
PIL sought FIR against police team
The PIL sought an FIR against the police team involved in Tiwari's killing and demanded an independent probe by a committee headed by a former Supreme Court judge. The petition points to the statement by Tiwari's father that his son was shot even after he laid down his weapon. "The police when becomes DARE DEVILS than the entire Rule of law collapses and generates fear in the mind of people against police which is very dangerous for...democracy," the plea states.
Family's stance
Tiwari was shot on June 17
Tiwari, a 28-year-old social activist according to his family, was shot on June 17 and died later at Patna Medical College and Hospital. The police claimed he was armed and "mentally unstable" and that they were trying to take him to a mental health facility. They said Tiwari had posted videos on Facebook brandishing an illegal pistol while threatening local administrative officials over alleged government failures to rehabilitate flood-affected residents in Jawania.
Inquiry initiated
He was unarmed when shot
Police claimed Tiwari fired eight to 10 rounds at officers with an illegal pistol, forcing STF personnel to fire in self-defense. However, a Facebook Live video recorded shortly before the shooting had fueled controversy. The video appears to show Tiwari standing in an open field, addressing viewers before throwing his weapon at police officers in what his family and locals describe as an act of surrender. They allege he was unarmed when shot.
FIR
CM defends government's approach
An FIR has been registered against the police team involved in the incident, including then Jagdishpur subdivisional police officer Rajesh Kumar Sharma and Shahpur station house officer Rajesh Malakar, on the basis of a complaint by Tiwari's murder. Even so, Bihar Chief Minister Samrat Choudhary defended his government's approach, saying, "The Bihar government will not bow before criminals. Anyone committing a crime will not be spared under any circumstances."