10 years later, Sarkeguda awaits justice, closure | Latest News India

Ten years have passed since a night of death ended up defining Kamla Kaka’s life. And two-and-a-half years have gone since a day of hope gave her a whiff of closure. But for the 30-year-old tribal woman, and the rest of Sarkeguda village, the wait for justice continues

On June 28, 2012, Kaka was in Sarkeguda, deep inside the jungles of Bijapur, one of India’s worst Maoist-hit districts. It was a night of revelry — in an open field, the village was discussing the modalities of the impending festivities for Beej Pandum, a tribal harvest festival. But in the darkness there was a hail of bullets, and they scattered. By morning, there were 17 dead, including Kaka’s 15-year-old nephew Rahul.

As the village mourned its dead, the security forces had a different story to tell. They said that they had got a tipoff about a group of armed Maoists camping near Silger, 5km away from Sarkeguda. Acting on this information, police said, three teams of the state police and the Central Reserve Police Force (CRPF) moved towards Silger from the Basaguda camp, 15km away. The police FIR filed immediately after the incident said that somewhere in the forest between Sarkeguda and Kottaguda, they heard the cries of “police, police” and “fire karo” after which they came under a volley of fire. In the ensuing gunfight, police said, 17 people were killed, and 10 injured, most of them guerillas. Of the injured, six were police officials, the FIR contended.

But with the village and human rights activists contesting this narrative, insisting the firing was unprovoked and there were no Maoists at the gathering, the then Raman Singh government in Chhattisgarh announced the formation of a one-man judicial commission headed by retired justice VK Agarwal.

For the next seven years, Kaka’s life was a blur. Then the village mitanin (woman health worker), studying to be a nurse, Kaka sold bangles at the local bazaar so that she could buy some food to eat when she travelled to the state capital of Raipur, 469km away, for hearings of the commission.

Then, on December 2, 2019, came a ray of hope — for Kaka and Sarkeguda. The justice Agarwal commission report was tabled before the Chhattisgarh assembly. It reached an unequivocal opinion that the security forces “unilaterally fired” on villagers; there were no bullets fired by the villagers; there was no evidence to suggest they were Maoists; security forces may have fired in panic; one of the victims was shot in the morning; and the contention that six security personnel were injured in the “gunfight” were, even if true, likely on account of “friendly fire”.

That same day, chief minister Bhupesh Baghel announced that “culprits would be punished because innocent tribals were killed in the encounter”.

Thirty months on, Kaka, now married and living in Hyderabad, is still waiting for the justice that December day promised. “We are still waiting for justice. My innocent nephew, Rahul Kaka, who was merely 15 years old, was killed on that day and since then we have exhausted ourselves fighting for justice. The judicial commission clearly said nobody there was a Maoist. Why is the government still to register a case against the guilty? Are our lives worth nothing?” Kaka asked.

Senior Chhattisgarh Police officials said that “appropriate action would be taken soon”.

“Based on the judicial enquiry commission report, the state government formed a committee headed by local legislator Lakeshwar Baghel, for the recommendation of appropriate rehabilitation and compensation package to the family members of deceased and those injured in the Sarkeguda incident. The committee submitted its recommendation to the state government for its consideration and final order. Declaration of compensation and rehabilitation is expected soon,” said inspector general of police (Bastar range), Sunderaj P.

On the question of the registration of an FIR against the security personnel involved, legal opinion had been taken. “The opinion is under consideration and an appropriate decision would be taken,” the IG added.

When contacted by HT, Lakheshwar Baghel, the Congress MLA from Jagdalpur, said he submitted his report to the state government this March. “I recommended ₹20 lakh for the family of those who were killed and ₹5 lakh to the injured. The recommendations also include a government job to the nearest kin of the deceased and 5 acres of land to the family.”

Bela Bhatia, a human rights activist and lawyer based in Bastar, questioned the delay in the government action. “After the truth was established that those killed in Sarkeguda were innocent villagers, the government should have taken steps to indict the guilty personnel, and those who commanded the operation. Truth must lead to justice. Otherwise, why institute such enquiries? If the idea is that tribal lives matter, then this should be followed to the very end.”

On Tuesday, hundreds of local villagers from in and around Sarkeguda will gather in the village to mark the 10th anniversary of the encounter.

Raghu Midiyami, president of the Moolniwasi Bachao Manch, which is organising the event said, “This will be the 10th anniversary of the Sarkeguda incident. We are also demanding action against the policemen involved in the fake encounter and compensation for those affected. A memorandum will be sent to senior officials of the government. But importantly, people from across Bastar are going to be there, to remember the ones we lost, our tribal brothers and sisters.”