Supreme Court Issues Notice To Defence Ministry On Nagaland's Plea To Prosecute 30 Armymen For Alleged Killing Of Civilians

The Supreme Court on Monday (July 15) issued notice to the Union Government on a writ petition filed by the State of Nagaland seeking sanction to prosecute 30 personnel of the Indian Army who are accused of killing 13 civilians during a botched up military operation in the Mon district in December 2021.

The State has challenged the decision taken by the Centre on February 28 to refuse sanction under the Armed Forces Special Powers Act 1958 for the prosecution.

A bench comprising Chief Justice of India DY Chandrachud, Justices JB Pardiwala and Manoj Misra issued notice to the Ministry of Defence, returnable in six weeks.

The State submitted that though the State Police have evidence against the accused army men, the Centre has refused sanction for prosecution. Advocate General KN Balagopal appeared for the State.

In July 2022, the Supreme Court had stayed the criminal prosecution against the accused officials after noting that the sanction under the Armed Forces Special Protection Act has not been obtained.

On December 4, 2021, they had allegedly fired at a pickup truck carrying miners in eastern Nagaland's Oting village. Later, FIRs under Sections 302, 307, 326, 201, 34 with Section 120-B of the Indian Penal Code, 1860 (IPC) were lodged in connection with this incident. Following this incident, the Nagaland Assembly, in a special session held, "unanimously resolved" to demand the Government of India to repeal Armed Forces Special Powers Act, 1958 from the North East, specifically from Nagaland.

Case : State of Nagaland v. Union of India | WRIT PETITION (CRIMINAL) Diary No.17297/2024

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