Supreme Court refuses to hear plea to CBI probe Bharat Tiwari’s ‘extrajudicial’ killing

The place where Bharat Bhushan Tiwari’s encounter took place is about 1 km from his house. | Photo credit: The Hindu

The Supreme Court on Tuesday (June 30, 2026) refused to entertain a petition seeking a Central Bureau of Investigation (CBI) probe and constitution of an independent expert committee headed by a former Supreme Court judge to probe the alleged “extrajudicial killing” of Bharat Bhushan Tiwari in a police encounter in June at Biharjho Bilauti village in B17’puri district.

The police version of the encounter has been disputed by Mr Tiwari’s family, who say he surrendered and dropped his weapon before he was fatally shot.

A bench comprising Justices MM Sundresh and Sheel Naga asked the petitioner, advocate Vishal Tiwari, to approach the Patna High Court for equitable relief.

Also read: Cause of death

“We are not inclined to entertain this petition. The petitioner is at liberty to approach the High Court,” the Bench said.

Mr. Tiwari, who appeared in person, argued that the case involved a direct violation of fundamental rights. He argued that the police had failed to follow the safeguards laid down by the Supreme Court in its 2014 judgment in People’s Union for Civil Liberties v State of Maharashtra, which prescribed guidelines for investigations into police deaths and cases involving grievous bodily harm.

“The petitions are already pending there (before the Supreme Court). Secondly, the directions issued by this honorable court have not been followed… It is about direct fundamental rights,” he said.

However, the court questioned the standing of the petitioner. “Who are you?” Judge Sundresh asked.

When Mr. Tiwari replied that he had approached the court in public interest, the Bench reiterated that the appropriate remedy lay with the High Court.

“Please approach the High Court as it can monitor the matter better,” the Bench said.

In his petition, Mr. Tiwari argued that in a constitutional democracy, the police cannot assume the role of a punishing authority as the power to decide guilt and impose punishment rests exclusively with the judiciary. Referring to the Bihar encounter, he claimed that the circumstances surrounding Mr. Tiwari’s death appeared “suspicious” and warranted an independent investigation.

“Incidents of extrajudicial executions have increased in the past few years, posing a major challenge to the rule of law,” the petition said. She further alleged that there has been a sharp increase in police encounters in Bihar in recent months.

The plea also sought to direct the Union government, through its chief secretaries, to issue recommendations to all states to ensure compliance with the safeguards laid down by the Supreme Court in its 2014 judgment in People’s Union for Civil Liberties v. State of Maharashtra.

A judicial commission headed by Justice Vinod Kumar Sinha of the Patna High Court was constituted to probe the alleged killing of Mr. Tiwari. The commission was set up by the NDA government in Bihar following a state cabinet meeting chaired by Chief Minister Samrat Choudhary on 24 June during which the law department’s proposal for an independent inquiry into the incident was approved.

On June 17, Mr. Tiwari was killed in an alleged encounter with the police, a day after a video purportedly showing him brandishing a country pistol and asking the police to leave his village in Bhojpur district went viral on social media.

After the incident, political leaders from different party lines and local residents gathered at the spot, alleging that the encounter was staged. The Bihar government subsequently suspended several policemen, registered an FIR against five policemen and set up a judicial commission to investigate the circumstances surrounding the killing.

Published – 30 Jun 2026 13:07 IST