2021 botched Nagaland operation: SC closes proceedings against army personnel
The Supreme Court said the case related to the killing of 14 people in 2021 in Nagaland may be taken to its logical end if the Union government sanctions their prosecution
The Supreme Court on Tuesday closed criminal proceedings against army personnel involved in a botched counter-insurgency operation that left 14 people dead in December 2021 in Nagaland’s Mon district even as it said that the case may be taken to its logical end if the Union government sanctions their prosecution. The Nagaland government has challenged the denial of sanction to prosecute the personnel.
“The appeals are allowed. The proceedings in the impugned FIRs [first information reports] shall stand closed,” said a bench of justices Vikram Nath and PB Varale. The bench added its order would not prevent the army from taking any disciplinary action against the personnel.
The wives of the personnel, including a major, filed separate petitions seeking closure of the criminal proceedings. They argued the Nagaland government did not have the jurisdiction to prosecute the personnel citing immunity under the Armed Forces Special Powers Act (AFSPA). A prior sanction from the Union government is needed for any legal proceedings against the armed forces operating in areas where the AFSPA is implemented.
The Union government in February 2023 refused sanction to prosecute the 30 army personnel involved in the botched operation. The Nagaland government insisted before a trial court in the state that it was justified in lodging criminal cases against the personnel as the army sought their release for their court martial.
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.
{{/usCountry}}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.
{{/usCountry}}The Supreme Court in July 2022 stayed all proceedings against the 30 personnel noting that the area where the botched operation took place was covered under the AFSPA.
{{/usCountry}}The Supreme Court in July 2022 stayed all proceedings against the 30 personnel noting that the area where the botched operation took place was covered under the AFSPA.
{{/usCountry}}The army personnel gunned down seven coal mine workers after mistaking them to be insurgents in 2021. Angry residents rushed to the spot and set ablaze two security vehicles, sparking off another round of firing which left more civilians and a soldier dead.
{{/usCountry}}The army personnel gunned down seven coal mine workers after mistaking them to be insurgents in 2021. Angry residents rushed to the spot and set ablaze two security vehicles, sparking off another round of firing which left more civilians and a soldier dead.
{{/usCountry}}The botched operation renewed the demand for the withdrawal of the AFSPA, which is modelled on the colonial-era ordinance and grants special powers to the forces to maintain public order in “disturbed areas”. AFSPA has faced much scrutiny as it grants sweeping powers to the forces and prohibits prosecutions without the go-ahead from the Union government if the allegations are linked to duty.
{{/usCountry}}The botched operation renewed the demand for the withdrawal of the AFSPA, which is modelled on the colonial-era ordinance and grants special powers to the forces to maintain public order in “disturbed areas”. AFSPA has faced much scrutiny as it grants sweeping powers to the forces and prohibits prosecutions without the go-ahead from the Union government if the allegations are linked to duty.
{{/usCountry}}A Special Investigation Team of the Nagaland Police recommended criminal prosecution of the 30 army personnel under the Indian Penal Code sections 302 (murder), 307 (attempt to murder), 326 (causing hurt), 201 (destruction of evidence), read with 120B (criminal conspiracy) and disciplinary proceedings.
One of the petitions for the closure of the criminal proceedings accused the SIT of disclosing personal information about the army personnel, making their family members “sitting targets”. The petitioners cited Section 6 of AFSPA which relates to the sanction from the Union government.
Nagaland advocate-general KN Balgopal maintained it was a clear case of cold-blooded murder against unarmed, innocent Naga tribals without any provocation.
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