New Delhi: The Quill Foundation has released a comprehensive report titled “Presuming Guilt: A Study Highlighting Patterns of Prosecution & Trial in ‘Naxal’ Cases in Gadchiroli, 2002-2015”. The 356-page report examines 141 cases from Maharashtra’s Gadchiroli district, focusing on alleged “Naxal” activities and uncovering systematic patterns in police and prosecutorial narratives, the evidence presented, judicial scrutiny, and sentencing practices.
The report’s author, Fawaz Shaheen, noted that the legal handling of “Naxalism” cases in Gadchiroli has circumvented rule-of-law standards, particularly for the Adivasi community. “A framing of Naxalism as a national security threat has allowed state institutions to invert legal principles, resulting in individuals being presumed guilty until proven innocent and sidelining evidentiary standards,” he said.
Shaheen added that the report reveals how security provisions were used to stifle political dissent against exploitative policies on resource extraction, and that judicial interventions often failed at crucial moments.
Co-author Madhur Bharatiya explained that the report contextualises prosecutorial claims and evidence from a procedural legal perspective within the framework of national security law.
“Our analysis of these cases shows troubling patterns. For example, many cases relied solely on police witnesses without corroborating evidence, and their testimonies frequently lacked specific details about the accused, raising questions about the case’s legitimacy,” Bharatiya observed.
The report clarifies that it does not downplay the seriousness of terrorism or criminal violence but critiques how “security” has been weaponised against minority groups and those voicing dissent against social and economic policies.
According to the report, out of 141 cases studied, a majority (127) involved charges under the Arms Act for firearm possession, while terrorism charges (UAPA) were invoked in only 13 cases.
The report suggests that law enforcement standards in Gadchiroli resemble anti-terrorism trials, marked by high arrest thresholds, prolonged detention, and a lack of adherence to due process, particularly affecting the Adivasi population.
Founded in New Delhi in 2015, the Quill Foundation is a research and advocacy organisation with a focus on constitutional rights. Its slogan, “Back to the Constitution,” reflects its mission to examine the intersection of law and everyday rights violations and the accessibility of justice. The foundation hopes that “Presuming Guilt” will be a valuable resource for legal practitioners, researchers, civil society members, and those concerned with the criminal justice system in India.
