2021 Nagaland killings: SC sets aside criminal proceedings against 30 Army personnel due to lack of sanction

The Nagaland government in separate proceedings has challenged the denial of sanction to prosecute the Army personnel.

New Delhi: The Supreme Court on Tuesday closed criminal proceedings initiated against 30 Army personnel in connection with December 7, 2021 FIRs for allegedly murdering tribals in Nagaland, mistaking them as militants since sanction under Section 6 of the Armed Forces (Special Powers) Act, 1958 has been declined.

Acting on writ petitions filed by Rabina Ghale and another and Anjali Gupta, wives of Army officers, a bench of Justices Vikram Nath and Prasanna Bhalachandra Varale, however, said in case sanction is granted at any stage, the proceedings against them may continue and may proceed in accordance with law and be brought to a logical conclusion.

Nagaland's Advocate General K N Balagopal sought a direction to the Army authorities to carry on proceedings against the personnel on administrative side as per an affidavit filed earlier before the Chief Judicial Magistrate.

The court, however, said, "The submission does not merit consideration as that would be at the sole discretion of the Armed Forces whether or not to carry on disciplinary proceedings against its officers."

The court said the concerned wing of the Armed Forces would be at liberty to take or not to take any disciplinary proceedings against its officers.

The petitioners sought quashing of the FIRs and for disciplinary action against the entire team as per the provisions of the Army Act and Rules with regard to the incident of December 04, 2021.

Their plea stated the action initiated was against the mandate of law. They contended it was solely targeted at attacking soldiers in exercise of their bona fide duties of upholding the dignity of Indian Flag.

On July 19, 2022, the court had stayed the proceedings in the FIRs.

The bench had earlier noted the proceedings in this case emanated out of an incident of December 4, 2021 which led to a firing in which six persons were killed. The incident flared up leading to more killings and also killing of one of the Army personnel. It was alleged that a finger of the husband of Anjali Gupta, the writ petitioner was also chopped off.

The competent authority by an order of February 28, 2023 declined the sanction under Section 6 of the Armed Forces (Special Powers) Act, 1958.

"In view of the specific bar contained in Section 6 of the AFSP Act, 1958 which provides that no prosecution, suit, or other legal proceedings can be instituted except with the previous sanction of the central government with respect to the exercise of any power conferred under the said Act, the proceedings based on the impugned FIRs cannot continue any further," the bench said.

The State government, on its part, said it assailed the correctness of the order of February 28, 2023, passed by the competent authority, declining sanction under Section 6 of the AFSP Act, 1958, by filing a writ petition.

"We have no manner of doubt that, in case, if ultimately at some stage, sanction is granted under Section 6 of the AFSP Act, 1958, the proceedings pursuant to the impunged FIRs are liable to be continued," the bench said.

As per the details on December 4, 2021, an Indian Army team allegedly fired at a pickup truck carrying miners in Oting village in Eastern Nagaland, mistaking them for militants, killing 6 civilians. The Indian Army had initially stated their action to be part of ambush operations on terror outfit in Nagaland.

Eight more civilians were subsequently killed after security forces allegedly opened fire after the incident triggered violence in the area. Army authorities claimed they were conducting an operation in the area after receiving inputs on the movement of militants of Yung Aung faction of proscribed outfit NSCN (K).