A formal representation has been placed before the Supreme Court of India urging it to take suo motu cognisance of the alleged encounter killing of Bharat Bhushan Tiwari in Bihar's Bhojpur district on 17 June 2025, with demands for a court-monitored independent investigation, mandatory registration of an FIR, and strict adherence to the apex court's own guidelines on police encounter deaths. The representation, addressed to Chief Justice of India (CJI) Justice Surya Kant, was filed by advocate Narendra Mishra.

What the Representation Seeks

Advocate Mishra has urged the Supreme Court to order a probe by either the Central Bureau of Investigation (CBI) or a Special Investigation Team (SIT) — an agency entirely independent of the local police hierarchy. The representation specifically relates to the incident at Bilauti village under Shahpur police station limits in Bhojpur and calls for preservation of all video recordings, CCTV footage, body-camera footage, wireless communications, and forensic material connected to the case.

It further seeks directions to the National Human Rights Commission (NHRC) and the Bihar State Human Rights Commission to independently examine the matter, as well as protection for the deceased's family members and witnesses. The representation also flagged that persons who protested the incident and demanded justice have reportedly faced criminal proceedings, which it argued has created apprehension among potential witnesses.

Family's Account and Video Evidence

According to the representation, family members and villagers have alleged that Tiwari had surrendered before the police and discarded his pistol prior to being shot. Videos circulating in the public domain purportedly depict circumstances consistent with surrender before the shooting, though their authenticity has not been independently verified. 'The family has consistently maintained that the deceased was unarmed at the time of the shooting and that the incident was not a genuine encounter but an extrajudicial killing,' the representation stated.

The document also contended that no criminal history or previous FIR against Tiwari has been publicly disclosed, describing him as a graduate locally known for raising issues relating to floods, erosion, and public grievances through social media. Authorities, however, maintain that Tiwari opened fire on a police team during an operation to apprehend him, prompting retaliatory firing — a claim his family and villagers dispute.

Legal Framework Invoked

The representation invoked the Supreme Court's landmark judgment in People's Union for Civil Liberties (PUCL) vs State of Maharashtra (2014), which mandates that encounter deaths require mandatory FIR registration, an independent investigation, a magisterial inquiry, evidence preservation, and reporting to human rights commissions. It argued that if Tiwari had already surrendered and posed no imminent threat, the use of lethal force 'prima facie falls outside the scope of lawful police action' and may attract offences under Section 103 of the Bharatiya Nyaya Sanhita, 2023 (equivalent to Section 302 IPC under the earlier law).

'The law is well settled that a police encounter is an exceptional measure and can only be resorted to in situations of immediate and unavoidable threat to life. It cannot become a substitute for arrest, investigation, trial, and judicial determination of guilt,' the representation stated.

Political Pressure and Bihar Government Response

The representation comes amid mounting political controversy over the Bhojpur encounter. The Bihar government has already ordered a judicial inquiry into the incident, with Chief Minister Samrat Choudhary announcing that a retired High Court judge will conduct an independent probe into all facts, circumstances, and disputed aspects of the case.

Notably, criticism has emerged from within the ruling alliance itself. Janata Dal (United) National Working President Sanjay Kumar Jha stated that viral videos had raised 'serious doubts' about the circumstances of the incident and called for a time-bound investigation and action against the guilty, adding that the suspension of four police personnel was insufficient. Senior Bharatiya Janata Party (BJP) leader and former Union Minister Ashwini Choubey also questioned the police version of events, asking why officers opened fire if Tiwari had already surrendered and was allegedly unarmed.

Ara MP Sudama Prasad, after visiting Bilauti village and meeting the deceased's family, alleged that available video footage and other evidence suggested the encounter appeared to have been staged. The representation itself cited the suspension of police personnel involved in the operation as a factor raising further concerns about the legality of the action.

What Happens Next

The Supreme Court is yet to formally take up the representation or indicate whether it will exercise suo motu jurisdiction. The Bihar government's judicially-ordered inquiry is underway in parallel. With video evidence in public circulation, political pressure from within the ruling coalition, and a formal approach now made to the apex court, the Bhojpur encounter is set to face scrutiny at multiple levels simultaneously. The credibility of the state's response — and whether it meets the constitutional standards set by the Supreme Court in PUCL — will be closely watched.