The Supreme Court on Tuesday dismissed further criminal proceedings against the Army personnel who were allegedly involved in a counter-insurgency operation that reportedly killed 14 civilians in Nagaland's Mon district in 2021. However, the bench of Justices Vikram Nath and P B Varale said the order will not prevent the Army from taking any disciplinary action against the personnel.
Nagaland Civilian Killings: SC Cancels Criminal Case Against 30 Army Personnel; Armed Forces Can Still Take Action
The Supreme Court closed the proceedings on two separate petitions filed by wives of the personnel, including a major rank officer, who sought closure of the case lodged by Nagaland police. The closure of the criminal proceedings was sought on the ground that the state government had no jurisdiction to prosecute the personnel due to immunity granted under the Armed Forces Special Powers Act (AFSPA).
"The proceedings in the impugned FIRs shall stand closed. However, if sanction is granted, it may be taken to its logical conclusion. On disciplinary action, we have said the Armed Forces can do the needful," the Supreme Court said.
The Supreme Court closed the proceedings on two separate petitions filed by wives of the personnel, including a major rank officer, who sought closure of the case lodged by Nagaland police.
The closure of the criminal proceedings was sought on the ground that the state government had no jurisdiction to prosecute the personnel due to immunity granted under the Armed Forces Special Powers Act (AFSPA).
The apex court on July 17 issued a notice on the Nagaland government's plea challenging the Centre's refusal to grant sanction to prosecute the 30 Army personnel for the death of the civilians in Mon district where the Centre was granted six weeks time to file its response.
The Nagaland government in its plea had said that despite having clinching evidence against the Army personnel, including a major, the Centre had refused to accord sanction under AFSPA for the prosecution of the Army personnel.
In April last year, the Central government had denied sanction to prosecute the Army men who were allegedly involved in the botched ambush at Oting in Mon district of the state.
Nagaland killings 2021: What happened back then?
In a botched operation to ambush militants in Nagaland's Mon district on December 4, 2021, an Army team allegedly fired at a truck carrying miners in Oting village in Nagaland, mistaking them for militants.
Six civilians were killed in the incident while eight others were killed after security forces allegedly opened fire amid violence triggered by the previous shooting incident in the area.
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Besides the civilians, an Army personnel also died in the widespread violence as over 250 people gathered near an Assam Rifle operating base and tried to ransack it.
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