The Supreme Court on Tuesday (June 30, 2026) declined to entertain a petition seeking a Central Bureau of Investigation (CBI) probe and the constitution of an independent expert committee, headed by a former Supreme Court judge, to inquire into the alleged “extra-judicial killing” of Bharat Bhushan Tiwari in a police encounter in Bilauti village of Bihar’s Bhojpur district on June 17.

The police version of the encounter has been questioned by Mr.

Tiwari’s family, who allege that he had surrendered and discarded his weapon before he was fatally shot.

A Bench comprising Justices M.M.

Sundresh and Sheel Nagu asked the petitioner, advocate Vishal Tiwari, to approach the Patna High Court for appropriate relief.

Liberty is granted to the petitioner to approach the High Court,” the Bench said.

Appearing in person, Mr.

Tiwari contended that the case involved a direct violation of fundamental rights.

He argued that the police had failed to comply with 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 investigating police encounter deaths and cases involving grievous injury.

“Petitions are already pending there (before the High Court).

Secondly, the guidelines issued by this Hon’ble Court were not followed...

Direct fundamental rights are involved,” he submitted.

The Bench, however, questioned the locus standi of the petitioner.

“Who are you?” Justice Sundresh asked.

When Mr.

Tiwari responded that he had approached the court in the public interest, the Bench reiterated that the appropriate remedy lay before the High Court.

“Please go to the High Court because it can monitor the matter better,” the Bench said.

In his petition, Mr.

Tiwari contended that in a constitutional democracy, the police cannot assume the role of a punishing authority, as the power to determine guilt and impose punishment rests exclusively with the judiciary.

Referring to the Bihar encounter, he alleged that the circumstances surrounding Mr.

Tiwari’s death appeared “suspicious” and warranted an independent investigation.

“The incidents of extra-judicial killings have increased in the past few years, which is a big challenge to the rule of law,” the petition said.

It further alleged a sharp increase in police encounters across Bihar in recent months.

The plea also sought a direction to the Union government to issue an advisory to all States, through their Chief Secretaries, 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.

Bihar fake encounter case: Justice Vinod Kumar Sinha meets the victim’s family, inspects site A judicial commission headed by Justice Vinod Kumar Sinha of the Patna High Court has been constituted to inquire into the alleged encounter 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 June 24, 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 police encounter, a day after a video purportedly showing him brandishing a country-made pistol and asking policemen to leave his village in Bhojpur district went viral on social media.

Following the incident, political leaders from across party lines and local residents gathered at the site, alleging that the encounter was staged.

The Bihar government subsequently suspended several police personnel, registered an FIR against five policemen and constituted a judicial commission to inquire into the circumstances surrounding the killing.