Supreme Court Closes FIRs Against Army Personnel in Nagaland Killings; Future Prosecution Conditional on AFSPA Sanction
Image Source: Digpu News
September 17, 2024: The Supreme Court, in its ruling on Tuesday, set aside the criminal proceedings initiated against the 30 Army personnel involved in an incident where 13 civilians were killed after being mistaken for militants. This incident occurred in the Mon district of Nagaland in December 2021.
An Army team allegedly fired at a pickup truck carrying miners in Oting village in eastern Nagaland, mistaking them for militants and killing six civilians. Eight more civilians were killed in a subsequent open fire after the incident triggered violence in the area.
After allowing the appeal by the wife of one of the Army personnel involved, the Supreme Court, led by Justice Vikram Nath, decided that the proceedings of the impugned FIRs be closed. The court added that the Armed Forces could conduct the necessary disciplinary action, and there could be possible future prosecution if the required sanction is granted. The Center had earlier refused to accord sanction under the Armed Forces Special Powers Act (AFSPA).
The AFSPA, 1958, grants special powers to the armed forces in areas declared “disturbed” due to insurgency or violence. Under the Act, military personnel are given immunity from prosecution for actions undertaken during their duty, but prosecution can occur if the government grants sanction for it.
After the incident, there were strong demands from various quarters, including the Nagaland Assembly, to repeal or at least review AFSPA in Nagaland.
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