The Chhattisgarh High Court has upheld the acquittal of 10 accused in the Tadmetla encounter — the country’s deadliest ever Naxal attack in which 76 security personnel were killed in 2010 — even as it noted that the investigation in the case appeared flawed.

Delivering the order on May 5, the court said it was dismissing the government’s acquittal appeal against a trial court order due to lack of direct evidence, incomplete circumstantial proof, procedural lapses in investigation, and failure to establish guilt beyond reasonable doubt despite the gravity of the offence.

A Division Bench of Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal said it was “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 legally admissible and reliable evidence could be produced against the accused persons.

“It is deeply painful to note that despite the loss of 75 personnel of the CRPF (Central Reserve Police Force), including one member of the State Police, in a brutal attack allegedly carried out by 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,” the court further said.

On April 6, 2010 when a CRPF contingent from the 62nd Battalion was returning from an area domination operation in the forests of Chintalnar, they were attacked by Maoists in the Tadmetla region of Sukma district. According to the prosecution, Maoists opened indiscriminate fire and triggered explosives, killing 76 personnel and looting weapons from the force.

The accused were charged under Sections 148, 120B and 396 of the IPC, along with provisions of the Arms Act and the Explosive Substances Act. However, the trial court acquitted them in 2013, after finding insufficient evidence, prompting the State to challenge the verdict before the High Court in 2014. Of the 10 accused, two have died.

Upholding the acquittal, the HC highlighted critical lapses in the investigation. It noted that none of the 43 witnesses examined identified the accused as the perpetrators, and that no test identification parade (TIP) was conducted to link the accused to the crime scene. Although the police claimed to have recovered tiffin bombs and grenades, no Forensic Science Laboratory (FSL) report was produced to certify the materials as explosives. The State also failed to place on record the mandatory prosecution sanction required under the Arms Act, the order said.

The court directed the Chhattisgarh Chief Secretary and the Director General of Police to ensure higher standards of investigation in future cases involving serious crimes. It also ordered the implementation of training programmes for police personnel to enhance investigative competence, and called for internal review mechanisms to monitor the quality of evidence collection.