The Supreme Court of India Tuesday closed criminal proceedings against 30 Army personnel implicated in the deaths of 13 civilians in a botched military operation in Nagaland’s Mon district in 2021.
The court’s decision came after petitions filed by the personnel’s spouses sought the dismissal of the case, arguing that state authorities lacked jurisdiction to prosecute under the Armed Forces Special Powers Act (AFSPA).
The Supreme Court, led by Justices Vikram Nath and P.B. Varale, ruled that while the criminal proceedings against the Army personnel are closed, the case may proceed if the Centre grants sanction for prosecution. The court’s order will not preclude the Army from pursuing disciplinary measures against the implicated personnel.
The legal battle surrounding this case began after an Army team, mistakenly identifying a pickup truck carrying miners in Oting village as militants, opened fire on December 4, 2021.
The initial attack resulted in the deaths of six civilians. The violence escalated when security forces allegedly fired upon locals who had gathered in protest, leading to the deaths of eight additional civilians. The ensuing unrest resulted in further casualties, including the death of an Army personnel.
In April 2023, the Central government denied sanction to prosecute the Army personnel involved, citing the protections afforded under AFSPA, which grants immunity to the armed forces operating in designated areas. The Nagaland government, contesting this decision, argued that it had substantial evidence against the accused and challenged the denial in separate proceedings before the Supreme Court.
The Nagaland Assembly, following the incident, unanimously demanded the repeal of AFSPA from the state, highlighting the widespread criticism and public outcry generated by the incident.
In July 2022, the Supreme Court had stayed the prosecution of the Army personnel, responding to petitions from their wives who claimed that prosecution proceedings had commenced without obtaining the necessary sanction from the Centre.
The Supreme Court’s latest ruling concludes the criminal proceedings but leaves open the possibility for action should the Centre reconsider its stance on sanctioning prosecution. The court’s decision also reaffirms that the Army retains the authority to undertake any necessary disciplinary action against the involved personnel.
With inputs from Agencies
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