Army personnel had gunned down 6 civilians assuming them to be militants and then 8 others during subsequent violent protests
GUWAHATI: The Supreme Court on Tuesday, September 17 closed the criminal case against 30 army personnel accused of killing 14 civilians in a 2021 botched operation to ambush militants in Nagaland's Mon district.
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A bench of Justices Vikram Nath and P B Varale ordered closing of the criminal proceedings by the Special Investigation Team (SIT) of Nagaland police. The court said that if the Centre grants sanction to prosecute the army personnel, the case then could proceed to its logical conclusion.
The Union government’s concurrence is required to proceed against security personnel as per the Armed Forces Special Powers Act. The wives of army personnel had moved the apex court contending that their husbands enjoyed immunity under AFSP) and sanction from Centre was required for prosecution.
They challenged the criminal proceedings contending that Nagaland government has no jurisdiction to prosecute the army personnel due to immunity granted to them under the AFSPA. The top court closed the SIT proceedings after hearing these petitions.
However, the court said the army was free to take disciplinary action against the accused adding that the case may be taken to its logical end if the Centre sanctions their prosecution.
In 2023, the Centre had refused to grant prosecution sanction.
The Nagaland government has also filed a petition in the Supreme Court challenging the denial of sanction by the Centre. On December 4, 2021, an army team allegedly fired at a pickup truck carrying miners in Oting village in Mon district of eastern Nagaland, mistaking them for militants. According to reports, at least 6 civilians were killed in firing. After the incident triggered violence, security forces allegedly opened fire in which eight more civilians were killed.
