Supreme Court Petition Seeks Probe Into Bharat Tiwari Encounter

The Bharat Tiwari encounter case from Bilauti village in Bihar’s Bhojpur district has now reached the country’s highest court.

Supreme Court lawyer Narendra Mishra has sent a letter petition to Chief Justice of India Surya Kant, seeking the court’s intervention in the matter.

The petition demands a Supreme Court-monitored investigation, registration of an FIR against the police personnel allegedly responsible, and legal action against officers present at the encounter site. It also seeks an explanation from the Bihar government.

According to the petition, Tiwari had no criminal history, and the action taken against his family members was completely illegal.

The matter is already under judicial inquiry following an order issued by the Bihar government.

Bihar Chief Minister Samrat Choudhary on Saturday ordered an independent judicial inquiry into the June 17 police encounter in Bilauti village under Shahpur police station limits.

In a post on X, the Chief Minister stated that the probe would be conducted under the supervision of a retired High Court judge to ensure a fair, transparent and impartial examination of all aspects of the incident.

भोजपुर जिले के शाहपुर थाना क्षेत्र के बिलौटी गांव में दिनांक 17.06.2026 को हुई पुलिस मुठभेड़ की स्वतंत्र एवं निष्पक्ष जांच हेतु उच्च न्यायालय के सेवानिवृत्त न्यायाधीश द्वारा न्यायिक जांच कराने का निर्णय लिया गया है। न्यायिक जांच का उद्देश्य घटना के सभी पहलुओं की निष्पक्षता एवं…

— Samrat Choudhary (@samrat4bjp) June 20, 2026

Supreme Court Guidelines

Guidelines governing police encounters already exist.

In 1999, the People’s Union for Civil Liberties (PUCL) filed a petition questioning several encounters carried out by the Mumbai Police between 1995 and 1997.

Taking concerns over fake encounters into account, a Supreme Court bench headed by then Chief Justice RM Lodha and Justice Rohinton Fali Nariman issued a detailed 16-point guideline in September 2014.

The guidelines mandate registration of an FIR in cases where an encounter results in death, prompt reporting to the court, maintenance of written records, an independent investigation by the CID or another police station, and a magisterial inquiry.

The National Human Rights Commission (NHRC) or State Human Rights Commission (SHRC) must also be informed without delay, while the victim’s family should be notified as soon as possible. If evidence establishes wrongdoing, the concerned officer should face disciplinary action or suspension pending investigation.

The police derive authority to use force from Sections 34 to 44 of the Bharatiya Nyaya Sanhita relating to the right of private defence.

Additionally, Section 43 of the Bharatiya Nagarik Suraksha Sanhita, 2023, permits necessary force, including the use of weapons in serious situations, against accused persons resisting arrest or attempting to escape.

Before the Supreme Court guidelines, the NHRC issued encounter guidelines in 2010. These require immediate reporting of every police encounter to the Commission.

A delay of more than 48 hours may indicate concealment of information.

The NHRC also mandates post-mortem examinations by a board of doctors and requires police personnel to justify the circumstances that led to the use of firearms.

Any violation may result in recommendations for suspension and prosecution on murder charges.

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