On Tuesday, the Supreme Court put an end to the criminal proceedings against army personnel accused of extra-judicial killings during a botched-up counter-insurgency operation in December 2021 in the Mon district of Nagaland, whereby 14 people were killed. The court’s decision means that more action is possible in the offensive if the Union government agrees to let the prosecution proceed against the army personnel. This sanction for prosecution has been denied by the Nagaland government, which has remained a subject of debate.
Justices Vikram Nath and PB Varale said while allowing the appeals, “The proceedings in the impugned FIRs shall be closed. ” The bench clarified that its order cannot hinder the army from initiating internal disciplinary proceedings against the personnel.
Minaj Kaur also mentioned that the wives of the accused personnel, which include a major, had moved separate petitions for quashing the criminal proceeding. They said that prosecuting the army personnel could not be done by the Nagaland government as it had no legal right under the AFSPA. This legislation provides that no case can be pursued against armed forces operating in areas where AFSPA is in force without sanction from the Union government.
On February 2023, the Union government refused permission to prosecute 30 army personnel who were charged in this regard. The Nagaland government elaborated in the trial court that they have nothing wrong in filing criminal cases against the personnel since the army demanded the release of the said for court martial. The Karnataka state government continue to await the consideration of a bench led by Chief Justice of India Dhananjaya Y Chandrachud on the sanction issue, which has been refused.
As for the United States personnel, the Supreme Court intervened by halting all the proceedings against them in July 2022, saying that the place where the operation was conducted was under the AFSPA. The sad event in which the armed forces killed seven coal miners whom they thought to be militants.
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