The People’s Union for Civil Liberties (PUCL) strongly condemns the extrajudicial killing of Nambala Keshava Rao, General Secretary of the CPI (Maoist), and 26 others, many of whom were Adivasi residents, in an alleged encounter carried out under the guise of counterinsurgency operations in Narayanpur district, Chhattisgarh. According to reports, one District Reserve Guard (DRG) personnel was killed and several others injured during the operation.
On 21 May 2025, the Union Home Minister hailed the operation as a “landmark achievement” on social media, stating:
“Today, in an operation in Narayanpur, Chhattisgarh, our security forces have neutralized 27 dreaded Maoists, including Nambala Keshav Rao, alias Basavaraju, the general secretary of CPI-Maoist…” He further reiterated the government’s intention to eliminate Naxalism by March 31, 2026.
PUCL unequivocally asserts that no person, regardless of political affiliation or ideological stance, is beyond the protection of the law. Extrajudicial killings not only violate the right to life and due process, they erode the very foundations of a democratic society governed by the rule of law.
The National Human Rights Commission (NHRC)’s “Guidelines/procedures to be followed in cases of death caused in police action”—were issued in 1997 and further revised in 2010 and 2014. These guidelines are binding on police and security agencies under Article 21 of the Indian Constitution (Right to Life), and seek to ensure accountability, transparency, and legality in cases of police killings. The key points from the guidelines are:
- Mandatory FIR Registration
- Every death in police action must be treated as a cognizable offence.
- A First Information Report (FIR) must be registered immediately, and a criminal investigation initiated by an independent agency (not involved in the encounter).
- Magisterial Inquiry
- A judicial or magisterial inquiry under Section 176 of the CrPC is mandatory in all cases of encounter deaths.
- The inquiry must determine facts of the case, identify the deceased, and establish cause of death.
The Supreme Court of India, in People’s Union for Civil Liberties v. State of Maharashtra (2014), endorsed these NHRC guidelines and made them binding across the country.
Despite such clear legal precedents, the ongoing Operation Kagar and its offshoots, Operation Sankalp and Operation Black Forest, have been marked by a disturbing pattern of indiscriminate killings in Bastar since January 2024. Over 430 individuals—including civilians and alleged Maoists—have reportedly been killed. These operations reflect a systematic policy of extermination, circumventing the criminal justice system and flouting constitutional norms.
To make matters worse, it has come to light that the security forces, in blatant disregard of court orders, refused to hand over the bodies of the deceased to their families and instead carried cremations without family member being present. The Andhra Pradesh High Court had addressed the issue of the deceased people’s bodies not being handed over to their families. On May 24, 2025, the court disposed of petitions filed by the families of Nambala Keshava Rao (alias Basavaraju) and Sajja Venkata Nageswara Rao, directing them to approach the Chhattisgarh Police directly to collect the mortal remains.
It has been reported that the families of those killed had been camping outside the Narayanpur district hospital, furnishing documents to prove their blood relationship with the deceased and demanding the bodies be handed over to them. In what can only be called an illegal and inhumane action, ignoring the heartfelt desire of family members to bid farewell to their loved ones, Six days after the killings, and two days after the court order, the Chhattisgarh police proceeded to cremate the bodies in Narayanpur against the wishes of the families.
Courts have repeatedly stated that the right to life under Article 21 extends beyond death too. In DK Basu v State of West Bengal, the Supreme Court said:
The right to life under Article 21 of the Constitution includes the right to live with dignity, which extends beyond death to the respectful treatment of the dead body. When the death occurs in custody or as a result of state action, it is the solemn duty of the State to ensure that the body is handed over promptly to the legal heirs or next of kin. This right is essential for the family to perform last rites and to seek justice. Any delay or denial in handing over the body constitutes a violation of constitutional protections and the fundamental rights of the deceased and their family.
The authorities responsible for handling dead bodies, especially in custodial deaths or police action, must ensure that the bodies are handed over to the legal heirs promptly and respectfully, according to the DK Basu guidelines as well. The Supreme Court said,
In the event of death in police custody, the body shall be handed over to the family members immediately and no delay shall be caused.”
Any failure or deliberate refusal to hand over the dead body to the family members, or any treatment amounting to disrespect, would be a violation of the right to life under Article 21.
Not only this, the Geneva Conventions (Common Article 3) require parties to an armed conflict to ensure that the dead are treated humanely, their bodies respected, and families allowed to perform their last rites.
Successive governments and the Supreme Court have affirmed that the Maoist conflict cannot be resolved solely through force. In Nandini Sundar & Others v. State of Chhattisgarh recognized the broader stakes involved in such actions:
The fight against Maoists/Naxalites is no less a fight for moral, constitutional and legal authority… To transgress those guidelines is to act unlawfully, imperiling the moral and legal authority of the State and the Constitution.
The State has a moral and constitutional responsible to act within the limits of the law. The Israeli Supreme Court in Public Committee Against Torture in Israel v. The State of Israel emphasized:
At times democracy fights with one hand tied behind its back… Despite that, democracy has the upper hand, since preserving the rule of law and recognition of individual liberties constitute an important component of her security stance.
The killing of Keshav Rao and 26 others may also constitute a grave breach of international humanitarian law. Under Common Article 3 of the Geneva Conventions, which applies to internal armed conflicts, murder of all kinds, Extrajudicial executions, torture and cruel treatment are strictly prohibited. If Keshav Rao and others were killed while unarmed or in custody, such an act amounts to a war crime.
The State has, repeatedly ignored calls for peace negotiations, including a unilateral ceasefire proposed by the CPI (Maoist). The government’s refusal to explore peaceful resolution channels raises serious questions about its intentions and commitment to constitutional values.
Justice must not be selective. Human rights cannot be sacrificed at the altar of ideology or state expediency. A State that embraces impunity loses its moral legitimacy and risks descending into authoritarianism.
PUCL stands firmly in defence of justice, democratic values, and the dignity of all human lives, and calls upon civil society, the judiciary, and human rights institutions to hold the State accountable for its actions in Bastar.
PUCL demands that there be:
- A transparent, independent judicial inquiry into the killings.
- Accountability of officials involved in the operation.
- Immediate return of the remaining bodies to the legal next of kin.
- A halt to Operation Kagar and its variants, and a return to rule-of-law-based policing.