Kohima: The Supreme Court (SC) of India has put an end to the criminal proceedings against army personnel involved in the December 2021 killings in Nagaland’s Mon district.
The Court’s decision on Tuesday comes with a caveat, allowing the possibility of resuming the case if the Union Government grants sanction for prosecution.
As per a report by Hindustan Times, a bench of justices Vikram Nath and PB Varale said, “The appeals are allowed. The proceedings in the impugned FIRs [first information reports] shall stand closed”.
The Bench ruled that while criminal proceedings are concluded, the army is still entitled to take disciplinary actions against the involved personnel.
The case had seen petitions from the families of the accused, including a Major, arguing for the dismissal of the criminal cases based on the immunity provided under the Armed Forces Special Powers Act (AFSPA) which grants protection to military personnel operating in conflict zones, stipulating that prosecution requires prior sanction from the Union Government.
The tragic incident occurred on December 4, 2021, when security forces killed six coal miners over a case of mistaken identity in Oting village in Mon district.
The forces had opened fire on a pickup truck, resulting in the deaths of six civilians. Seven more were brutally killed by security forces as situation tensed in the area following the death of innocent civilians.
The Union Government, in February 2023, had denied sanction to prosecute the 30 army personnel.
The Nagaland Legislative Assembly also adopted a unanimous resolution demanding the repeal of AFSPA, reflecting the widespread outrage over the incident.
The state government’s plea challenging the denial of sanction to prosecute the personnel is pending before a Chief Justice of India Dhananjaya Y Chandrachud-led bench.
The apex court in July 2022 stayed all proceedings against the accused personnel noting that the area where the botched operation took place was covered under the AFSPA.
Although AFSPA has been removed in parts of Nagaland, the “draconian” law continues to be enforced in moat parts of the state.
Also Read | Oting killings: SC ends criminal proceedings against army personnel