Nagaland civilian killings: Centre denies permission to prosecute 30 Armymen

The Nagaland Police has informed that the department of Military Affairs under the Ministry of Defence has refused to grant permission to prosecute 30 army personnel, who were allegedly involved in a botched counter-insurgency operation in Nagaland in December 2021, in which 13 young men were killed.

In a statement, the Nagaland Police informed that the competent authority (Department of Military Affairs, Ministry of Defence, Government of India) has conveyed its denial to accord sanction to prosecute all 30 accused.

"As required by law, the fact of the denial of the Prosecution Sanction has been communicated to the Court of District and Session Judge, Mon by the State Crime Cell Police Station and the SIT," the statement said.

On December 4, 2021, six local coal miners returning from work were killed by soldiers of 21 Para Special Forces of the Indian Army at Tiru-Oting area of Mon district.

The incident sparked protests and outrage in the region, with various groups demanding justice and accountability for the killings. Following the incident, the Nagaland government ordered an inquiry into the incident, and the Indian Army also initiated a court of inquiry to investigate the matter.

A special investigation team (SIT), headed by the Nagaland police chief, probed the incident and on March 24, 2022, sought the Defence Ministry's sanction to prosecute the army men.

The SIT also submitted names of 30 personnel of the 21 Para Special Force team team including the team leader, a Major rank officer and a case under section 120B/302/307/326/201/34 of the Indian Penal Code in its chargesheet in the court on May 30, 2022.

It must be noted that the Centre's legal sanction is required to initiate any proceeding against security forces personnel for their actions while discharging duties under section 197(2) of CrPC and section 6 of Armed Forces Special Powers Act (AFSPA).

The Police further pointed out that meanwhile the wives of the accused Security Forces personnel had also approached the Supreme Court for a stay of the proceedings in the case. The Apex Court in an interim order dated July 19, 2022 had stayed any further proceedings in the case.