The Supreme Court on Tuesday, June 30, refused to entertain a Public Interest Litigation (PIL) seeking a court-monitored investigation by the Central Bureau of Investigation (CBI) into the alleged "extra-judicial killing" of 28-year-old activist Bharat Bhushan Tiwari in Bihar’s Bhojpur district.
The bench, comprising Justices MM Sundresh and Sheel Nagu, observed that the petitioner should first seek relief from the jurisdictional High Court and noted that High Courts are better positioned to monitor such matters locally, granting the petitioner the liberty to approach the Patna High Court instead.
The PIL was sought for the registration of an FIR against the police party involved in the June 17 incident. Beyond a CBI probe, the petitioner also requested the constitution of an independent expert committee, chaired by a retired Supreme Court judge, to inquire into the circumstances of the death. The petitioner argued that the killing appeared suspicious and posed a significant challenge to the rule of law in a democratic society.
Bharat Bhushan Tiwari, a resident of Bilauti village, was known to his 1.6 lakh Facebook followers as a vocal digital activist who highlighted local civic issues like flooding and displacement. Just a day before the encounter, the Bhojpur police had issued a statement describing him as "mentally unstable" and claimed they were working to take him into safe custody for medical treatment. However, the petitioner noted that the encounter took place within 24 hours of this police claim.
Conflicting narratives surround the events of June 17. The police maintained that Tiwari persistently fired at officers, prompting retaliatory firing in self-defence, during which he sustained a bullet injury. He died while being transported to the Patna Medical College and Hospital for treatment. Conversely, Tiwari's family and local villagers alleged that he had surrendered and discarded his weapon before being shot while surrounded by security personnel.
The petitioner highlighted that Tiwari had reportedly gone live on Facebook hours before the encounter, expressing a willingness to surrender. The plea contended that when police act as "daredevils," the rule of law collapses, creating fear in the public mind. It further urged the court to ensure compliance with the 2014 guidelines established in the landmark PUCL v. State of Maharashtra case regarding the investigation of police encounter deaths.
Public outrage following the incident led to massive protests, including a Mahapanchayat in Bilauti village attended by thousands who demanded justice and accountability. Prominent political figures and social activists also visited the grieving family to offer support. Facing this mounting pressure, the Bihar government announced a judicial inquiry on June 24, to be headed by retired Patna High Court Judge Vinod Kumar Sinha.
Case title: VISHAL TIWARI vs. UNION OF INDIA, W.P.(Crl.) No. 242/2026.
