The Supreme Court on Tuesday refused to hear a public interest litigation (PIL) seeking a Central Bureau of Investigation (CBI) probe into the alleged “extra-judicial killing” of 28-year-old Bharat Bhushan Tiwari in Bhojpur, Bihar.

A partial working days Bench of Justices M. M. Sundresh and Sheel Nagu gave the petitioner, Advocate Vishal Tiwari, permission to approach the Patna High Court instead.

“We will not entertain. Will grant liberty to approach HC. It’s better to go to HCs, because they are monitoring better,” Justice Sundresh said.

What the PIL Seeks:

The PIL, filed by Advocate Vishal Tiwari, asks for an FIR to be registered against the police officers allegedly involved in the “killing” of Bharat Bhushan Tiwari, which has been described as a fake encounter. It also seeks the formation of an Independent Expert Committee, headed by a former Supreme Court judge, to investigate the circumstances of his death.

Father’s Allegation:

According to the petition, Bharat Bhushan Tiwari was killed in an encounter in Bihar on June 17. The plea relies on the statement of his father, who alleged that his son was shot even after he had laid down his weapon.

Livestream Claim:

The petitioner also claims that the alleged encounter was livestreamed by Bharat Bhushan Tiwari on his Facebook page. It further states that the incident took place within 24 hours of the police publicly saying that Tiwari was mentally unstable and that efforts were being made to take him into safe custody.

Referring to the allegations made by Tiwari’s father and local residents that he was killed despite surrendering, the petitioner argues that it must be examined whether an impartial investigation was carried out and whether the guidelines laid down in PUCL v. State of Maharashtra were followed.

What the Plea Says:

“The police when becomes DARE DEVILS than the entire Rule of law collapses and generates the fear in the mind of people against police which is very dangerous for the Democracy and this also results into further crime”, the plea states.

The Supreme Court, therefore, allowed the petitioner to approach the Patna High Court.

Case Details: Vishal Tiwari vs Union of India (WP (Crl) 242 of 2026)