Bhojpur Encounter Case: SC to Hear Plea Seeking FIR, Judicial Inquiry and CBI Prober

June 30, 2026

New Delhi: The Supreme Court is slated to hear on Tuesday a Public Interest Litigation (PIL) seeking a court-monitored probe into the alleged fake encounter killing of Bharat Bhushan Tiwari in Bihar’s Bhojpur district and raising concerns over the growing trend of extra-judicial killings and “half encounters”.

As per the causelist published on the apex court’s official website, a Bench of Justices M.M. Sundresh and Sheel Nagu is scheduled to take up the matter on Tuesday.

The writ petition, filed by advocate Vishal Tiwari appearing as petitioner-in-person, has arrayed the Union of India, the State of Bihar, the Director General of Police, and the Central Bureau of Investigation (CBI) as respondents.

Earlier, the Supreme Court had declined an urgent hearing on the matter when it was mentioned before a Bench headed by Justice B.V. Nagarathna, directing the petitioner to approach the apex court registry for listing.

What the PIL Seeks

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 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.

What Happened in the Bhojpur Encounter Case?

Referring to the Bhojpur incident, the plea said that 28-year-old Bharat Bhushan 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 petition 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 plea, the incident 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 petition 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”.

Concerns Over Extra-Judicial Killings

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.

It 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.

About the Case

The case stems from the June 17 encounter in Bihar’s Bhojpur district in which 28-year-old Bharat Bhushan Tiwari was killed during a police operation. According to the PIL, Tiwari had gone live on Facebook shortly before the incident and allegedly expressed his willingness to surrender subject to certain conditions. His family has alleged that he surrendered before being shot, while the petition seeks an independent investigation into the circumstances of his death. The Supreme Court is now scheduled to hear the matter and consider the plea seeking a judicial inquiry, CBI investigation and compliance with established guidelines governing police encounter cases.