A PIL has been filed in the Supreme Court seeking registration of an FIR in an alleged extra-judicial killing of 28-year-old Bharat Bhushan Tiwari, who was killed in Bhojpur district of Bihar in a police encounter last week.Petitioner Vishal Tiwari sought an independent judicial inquiry by a panel headed by a former Judge of Supreme Court and an impartial probe into the incident by the CBI.The PIL, which also raised the broader issue of “extra-judicial killings” and the growing “encounter culture” in the country, was on Monday mentioned before a Bench led by Justice BV Nagarathna for urgent listing.However, the Bench declined to grant urgent listing to PIL and asked the petitioner’s counsel to first approach the Registrar for listing of the matter.Deceased Bharat Bhushan Tiwari, a resident of Bilauti village in Bhojpur district of Bihar, was allegedly killed in a fake encounter on June 17. His family claimed that he had surrendered and discarded his weapon but despite that the police fatally shot him. The Bihar Government had on Saturday announced a judicial inquiry into the incident.However, the police claimed Tiwari persistently fired at the police, prompting retaliatory firing in “self-defence” during which he sustained a bullet injury in his leg. He died while being taken to the Patna Medical College and Hospital for treatment.“The incidents of extra-judicial killings have increased in the past few years, which is a big challenge to the rule of law,” petitioner Vishal Tiwari said, adding police encounters have increased sharply across Bihar.In a democratic society, the police cannot be allowed to become a punishing authority as this power vested only in the judiciary, he submitted.“Fake encounters or deaths/murder of accused in police custody/jail weakens the rule of law, and if these killings will be justified by saying that the killed accused was a gangster or having antecedents of criminal cases, then it would be leading the society towards the law of ‘eye for an eye’,” the petitioner submitted.The PIL sought a direction to the Centre to issue an advisory to all the chief secretaries of states to comply with the Supreme Court’s 2014 directions and guidelines in the PUCL case.The petitioner contended that Bharat Bhushan Tiwari was live on Facebook before the incident and had expressed willingness to surrender if his demands were met. Describing him as a mentally unwell man, the police had said efforts were on to take him into custody safely and provide him medical treatment, the PIL stated.Citing statements attributed to the father of the victim, the PIL submitted that the deceased had no criminal record, no FIRs or charge sheets against him and was involved in social work. He had discarded his weapon and surrendered before being shot dead by police personnel, the PIL alleged.


