New Delhi, June 21 (IANS). A demand has been made from the Supreme Court to take suo motu cognizance of the death of Bharat Bhushan Tiwari in an alleged police encounter in Bhojpur district of Bihar. In this regard, a representation has been filed before the apex court with an appeal to register an FIR, conduct an independent investigation and ensure strict adherence to the Supreme Court guidelines related to police encounters.
This representation addressed to Chief Justice Justice Surya Kant has been filed by advocate Narendra Mishra. In this, a demand has been made to conduct a court-monitored investigation into the encounter that took place on June 17 in Biloti village of Shahpur police station area of Bhojpur district. It has been suggested that the investigation be conducted by the Central Bureau of Investigation (CBI) or Special Investigation Team (SIT).
The representation said that this incident has raised serious questions on the rule of law, constitutional rights and adherence to the guidelines laid down by the Supreme Court regarding police encounters.
The petition claims that the relatives of the deceased and the villagers allege that Bharat Bhushan Tiwari had surrendered before the police and had also thrown away his weapon. Some videos viral on social media also allegedly indicate a situation of surrender. The family says that Tiwari was unarmed when he was shot and it was not an actual encounter but an extra-judicial killing.
The representation also states that there is no public information available about any criminal history or prior FIR against the deceased. He was known as a graduate and a person who raised flood, erosion and public problems through social media.
According to the petition, if Tiwari had indeed surrendered, the use of deadly force against him could be considered beyond the scope of lawful police action and could amount to an offense under Section 103 of the Indian Code of Justice (BNS).
The representation quoted the Supreme Court’s 2014 PUCL vs State of Maharashtra judgment and said that in case of death in any police encounter, it is mandatory to register an FIR, conduct independent investigation, magisterial inquiry, preservation of evidence and report to the National Human Rights Commission (NHRC) or State Human Rights Commission.
The petition states that police encounters can be carried out only in exceptional circumstances and in cases of immediate threat to life. It cannot be made a substitute for arrest, investigation, trial and judicial process.
The representation also mentioned that reports of suspension of policemen involved in the encounter have emerged, raising further questions on the legality of the incident. Additionally, it has also been alleged that action has been taken against the protesters demanding justice, which may create an atmosphere of fear among witnesses and affected people.
In the petition, a demand has been made from the Supreme Court to register an FIR in the case under Section 103 of the Indian Penal Code and other relevant sections, to conduct an investigation by an independent agency other than the local police and to preserve all videos, CCTV footage, body camera recordings, wireless communication and forensic evidence related to the incident.
Besides, a demand has also been made to direct NHRC and Bihar State Human Rights Commission to conduct an independent investigation and provide security to the family members and witnesses of the deceased.
It is noteworthy that amidst the growing controversy and political pressure regarding the Bhojpur encounter, the Bihar government had ordered a judicial inquiry on Saturday. Chief Minister Samrat Chaudhary had announced that a retired High Court judge would conduct an independent investigation into the case and examine all the facts and disputed aspects.
Leaders of the ruling coalition have also raised questions on this matter. JDU national working president Sanjay Kumar Jha said the viral video has raised serious doubts over the circumstances of the encounter and mere suspension of four policemen is not enough. Time bound investigation should be conducted and action should be taken against the culprits.
At the same time, senior BJP leader and former Union Minister Ashwini Choubey also raised questions and asked that if Bharat Tiwari had surrendered and he was unarmed, then why did the police open fire. Arrah MP Sudama Prasad has also described the encounter as suspicious based on the available video and other evidence.
However, the administration says that they had fired at the police team that had gone to arrest Bharat Tiwari, in response to which the police opened fire. At the same time, family members and villagers are rejecting this claim and alleging that he was shot after surrendering.
After the video went viral on social media, this matter has become more controversial and questions are being raised regarding the adherence to standard procedures in police action.
–IANS
dsc