Nagaland civilian killings: Top court cancels criminal case against Army personnel

Mangalore Today News Network

New Delhi, September 17, 2024: The Supreme Court on Tuesday set aside criminal proceedings against the Army personnel involved in a botched counter-insurgency operation that led to the killing of 14 civilians in Nagaland’s Mon district in 2021. The two-judge Supreme Court bench, however, said its order would not prevent the Army from taking any disciplinary action against the personnel.

"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.

On July 17, the Supreme Court issued a notice on a plea by the Nagaland government challenging the Centre’s refusal to grant sanction to prosecute the 30 Army personnel for the death of the civilians.

A three-judge bench, presided by Chief Justice DY Chandrachud, gave the Centre six weeks to file its response.

The Nagaland government had said the Centre had refused to accord sanction under AFSPA for the prosecution of Army personnel even though there was enough evidence.

As per rules, a sanction from the Centre is needed for any legal proceedings against Army personnel operating in areas where AFSPA is imposed.

NAGALAND DEATHS: WHAT HAPPENED IN DECEMBER 2021?

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 died in the incident.

Eight more civilians were killed after security forces allegedly opened fire after the incident triggered violence in the area. An Army personnel also died in the ensuing violence as over 250 people gathered near an Assam Rifle operating base and tried to ransack it.

Amid a massive outcry and under pressure from the opposition, Union Home Minister Amit Shah addressed the Lok Sabha, saying the incident was a case of "mistaken identity".