Supreme Court closes criminal proceedings against army personnel involved in Nagaland’s Oting incident: Reports

People of Oting and neighbouring villages march to the December 4 incident site on December 20, 2021 demanding justice for the victims. (Morung File Photo)

People of Oting and neighbouring villages march to the December 4 incident site on December 20, 2021 demanding justice for the victims. (Morung File Photo)

Morung Express News
Dimapur | September 17 
 

The Supreme Court on Tuesday has reportedly closed criminal proceedings against personnel of the 21 Para (SF), a unit of the Indian Army, allegedly involved in the killing of 14 civilians related to the Oting incident in Mon district of Nagaland on December 4, 2021.

As per Hindustan Times, the Supreme Court , however, stated that the case may be taken to its logical end if the Union government sanctions their prosecution.

“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, according to the report.

However, the bench added that its order would not prevent the army from taking any disciplinary action against the personnel.

According to the Indian Express, the bench gave the ruling while allowing “the appeal filed by the wife of one of the implicated officers.”

It may be noted that the Special Investigation Team (SIT) instituted by the Nagaland Government to investigate the December 4, 2021 Oting killings had filed charges (suo motu) against 30 members of the 21 Para (SF) who allegedly took part in the “covert counter-insurgency operation.”

The charge was filed at the District and Sessions Court, Mon, on May 30, 2022. A total of 30 soldiers (1 Major, 2 Subedars, 8 Hav/THM, 4 Nk, 6 L/Nk, and 9 Paratroopers) of the 21 Para (SF) were named in the charge sheet.

This was preceded by the SIT forwarding a letter to the Department of Military Affairs in early April seeking prosecution sanction.

However, the Supreme Court, in an interim order on July 19, 2022, stayed further proceedings in the first information report (FIR) registered against the personnel.

The wives of the accused Security Forces personnel had also approached the Supreme Court for a stay of the proceedings in the case arguing that the Nagaland Government did not have the jurisdiction to prosecute the personnel, citing immunity under the Armed Forces Special Powers Act (AFSPA), 1958.

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.

However, the Centre in February 2023 refused to accord sanction under the Armed Forces Special Powers Act (AFSPA), 1958, for their prosecution.

Accordingly, the the State Government in July this year informed that it had moved to the Supreme Court challenging the denial of prosecution sanction by the Union Defence Ministry concerning the Oting incident.

On July 15, the bench led by Chief Justice of India DY Chandrachud, along with Justices JB Pardiwala and Manoj Mishra, issued notices to the Ministry of Defence (MoD) and the Ministry of Home Affairs (MHA), returnable in six weeks.

It is unclear whether the closure of the FIR by another bench will have any impact on the proceedings of the Writ Petition (Criminal) filed by the Nagaland Government.