No One Guilty In 2010 Killing Of 76 Security Personnel In Tadmetla In Naxal Attack

Upholding the trial court’s verdict, a division bench comprising Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal observed: “It is deeply painful to note that despite the loss of 75 personnel of CRPF, including one member of the state police, in a brutal attack allegedly carried out by the Naxalites, the prosecuting agencies have not been able to establish the identity of the real perpetrators of the crime or bring them to justice for such a barbaric act”.

Saying it was pronouncing the verdict with a heavy heart, the bench noted: “We are equally distressed to observe that a case of such a serious magnitude, involving mass casualties and grave consequences to national security, has ultimately been dealt with in a manner where no legality admissible and reliable evidence could be produced against accused persons. As a result, the learned trial court was constrained to acquit them’.

In one of the deadliest attacks on the security forces by the Maoists, 76 security personnel including 75 CRPF jawans were massacred at Tadmetla on April six, 2010. The Naxals had also looted the weapons of the slain jawans.

During hearing in the case in the trial court, 43 witnesses were examined and 156 documents relating to the crime were produced by the prosecution. The trial court had acquitted all the ten accused in the case citing lack of evidence.

The state government later challenged the trial court’s verdict in the Chhattisgarh High Court.

The High Court bench, in its order of May 5, that was uploaded on Thursday, noted that the Advocate-General “fairly submitted” that all the prosecution witnesses had turned hostile; moreover, the accused were not identified by any of the witnesses as perpetrators of the crime.

Citing serious procedural lapses in the investigation, the bench remarked that “Crucially, the FSL (Forensic Science Laboratory) report certifying the material as explosive has not been produced, rendering the seizure (of pipe bombs, grenades, and rifles) evidence ineffective.”

The bench observed: “The investigation appears to be flawed as there is no record of the prosecution sanction required under the Arms Act, no TIP (Test Identification Parade) of the accused was conducted….”

While passing the order, the bench held ‘An appellate court cannot sustain a conviction in the absence of clear, cogent, and legally admissible evidence establishing guilt beyond reasonable doubt.’

The court noted that ‘It is very lamented that the state did not take effective steps to collect cogent and reliable evidence against the accused, despite the tragic loss of 75 CRPF personnel, including one member of the state police….’

The court ordered the state government to ensure all future investigations of serious crimes, particularly those involving mass casualties or threats to national security, are conducted with utmost diligence and strict adherence to legal procedures.

It also directed the state to implement training programmes for personnel to enhance investigative competence.