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Dimapur, July 26 (MExN): The National People’s Party (NPP), Nagaland State has expressed shock at the petitions that were filed in connection with the criminal proceedings against the Army personnel involved in killings in Mon’s Oting in December 2021 and said that “The concern of the first information report (FIR), the findings and recommendations of the Special Investigation Team (SIT) appointed by the State Government, and all other ancillary proceedings arising out of the Oting incident including the complaint filed by the National Human Rights Commission (NHRC) should have been taken into consideration before filing such petitions.”
“NPP Nagaland registers our deep regret and unhappiness in this matter and we feel that the Army must surrender and admit their total failure of responsibility and duty,” it said in a press release on Tuesday.
Stating that the right to life which is guaranteed by Article 21 of the Indian Constitution was ignored, it also questioned “as to whether the acts of the Army personnel amounts to Mutiny as the Army Act defines it, in so far their effort, ‘endeavours to seduce or gun down any person.’”
“Does their moral duty of performing their bona fide duties tantamount to ravaging the rights of innocent people?” it posed.
Citing the IPC sections under which the FIRs were, it said the Nagaland Assembly, in a special session, had ‘unanimously resolved’ to demand the Government of India to repeal the Armed Forces (Special Powers) Act, considering the seriousness of the crime. The turn of events leading up to the filing of writ petitions by several agencies to bring justice to the bereaved families of the dead and the wounded should be also considered, it added.
Further, the NPP said that the petitioners’ disregard towards the findings of the SIT “is just an excuse to prolong the case without any relevant proofs or evidences to argue their position.” It also stated that the acts of questioning the findings of the SIT or submitting Writ Petitions in the Supreme Court were “diversionary tactics” to “bring this matter to a dead end or to let it die a slow death before the accused are brought to justice.”
The members of the SIT are well qualified and experienced in their respective responsibilities, it maintained, adding that the allegations made by the petitioners regarding impartial investigation, arbitrariness, unilateral and illegal statements are condemnable.
“The investigation should not be construed as biased or trying to appease the public outcry and to assuage the concern of the chosen few as the SIT was honestly conducting all investigations in a fair manner taking into consideration all evidences at the site of the incident and the statements of the witnesses and the survivors,” it maintained.
“NPP Nagaland would therefore like to raise serious questions on the acts of the perpetrators and accused in their refusal to be bound by the judgment of the SIT reports. Do such actions amount to wilful disobedience of the judgment of the highest investigative body?” it further questioned.
Appealing to the Government to take up necessary steps as early as possible to prosecute the accused persons in accordance with the law of the land, it further pointed out that the “Constitution does not recognise the Armed Forces as either superior or independent of civil authority.”
“In fact, Article 53(2) expressly provides that ‘The supreme command of the Defence Forces of the Union shall be vested in the President and exercise thereof shall be regulated by Law,’” the Party stated, asserting that the need of the hour is to restore immediate justice to the families who have lost their dear ones.
“Ultimately, our request to the Hon’ble Supreme Court is to understand the gravity of the Oting incident and weigh all the pros and cons in a fair and unbiased manner and thereby deliver justice to the families of the affected victims as early as possible which will be acceptable to all. After all Justice Delayed is Justice Denied!” it added.
