The Supreme Court has refused to directly hear the petition in the Bharat Tiwari encounter case, marking a new turn in this high-profile matter.
The apex court has directed the petitioner to approach the concerned state High Court.
This decision is consistent with the Supreme Court's established judicial protocols and procedural rules, which typically allow lower courts and High Courts the first opportunity to hear and investigate any case, especially when a thorough examination of factual aspects is required.Photo: Mark Stebnicki / PexelsThis stance by the Supreme Court underscores the importance of hierarchy and jurisdiction within the judicial system.
Generally, the Supreme Court refrains from direct intervention in cases involving factual disputes or requiring preliminary investigation, unless there are extraordinary circumstances or a direct violation of fundamental rights.
In the Tiwari encounter case, it appears the court found the High Court to be a more appropriate forum for the initial investigation and factual verification of the matter.The Significance of the High Court and Procedural ProprietyHigh Courts possess writ jurisdiction and are better positioned to examine evidence, hear witnesses, and evaluate circumstances.