JOIN USProsecution sanction against army men accused in Oting killings denied: Nagaland police
The department of military affairs under the Union Ministry of Defence (MoD) has denied prosecution sanction against all 30 army personnel, who were accused of killing 13 residents of Oting village in Nagaland's Mon district in December 2021, Nagaland police have disclosed.
A statement issued by CID of Nagaland police on Thursday stated that the crime cell police station of Nagaland police and the Special Investigation Team (SIT), which is investigating the case, communicated the development to the Mon district Session court, recently, where trial of the case is pending. The SIT on March 24, 2022 had sought sanction for prosecution from the department of military affairs against the accused army personnel.
"Prosecution sanction from the Government of India is required for initiating any proceedings against security forces for any actions taken by them while discharging their duties under Section 197 (2) CrPC and Section 6 of the Armed Forces (Special Powers) Act (AFSPA). The wives of the accused security personnel, meanwhile, had approached the Supreme Court for a stay on the proceedings in the case. The Supreme Court in an interim order on July 19, 2022 had stayed any further proceedings in the case," said the statement issued by Roopa M, the Inspector General of Police, CID, Nagaland.
At least six daily wagers returning from a coal mine at Tiru in Mon district were gunned down by a team of army men at around 4.20pm at Oting village on December 5, 2021, during a counter insurgency operation. Hours later, seven more villagers were similarly killed during a scuffle between the security forces and the villagers, who had reportedly rushed to the spot hearing gunshots. One army man was also killed in the scuffle.
The incident triggered a strong protest across Nagaland and the rest of the Northeast for strict action against the central security forces involved in the killings and withdrawal of the Armed Forces (Special Powers) Act (AFSPA), 1968 from the region. The AFSPA gives special powers to the army during counter-insurgency operations in the milianacy-hit Northeast.
Nagaland government set up a SIT to investigate the case even as the army said a "court of inquiry" was constituted to probe into the case. A charge sheet was filed against 30 army personnel for their alleged involvement in the killings.
The Army also admitted that it was a case of mistaken identity and promised to take "appropriate action" against those found violating the laws. But wives of the accused security personnel had approached the Supreme Court for a stay on the proceedings in the case.
The SIT submitted a chargesheet against 30 army personnel (one Major, two subedars, eight havildars, four Naik, six land naik and 9 paratroopers) for their alleged involvement in the killings.
The denial of prosecution sanction is seen as a setback to the families of the victims, who have been waiting for justice since the killings "This means the security forces in India enjoy absolute impunity including for murder and the judiciary cannot proceed any further in the case," said Suhas Chakma, a human rights activist and director of Rights and Risk Analysis Group, New Delhi.
Mon killings timeline:
December 5, 2021: 13 residents of Oting village killed by the 21 Para special forces of the Army at Tiru in Mon district. Nagaland police set up SIT to probe.
December 6, 2021: Army admits it was a case of mistaken identity during an operation against insurgents, set up a "court of inquiry."
December 9, 2021: Nagaland CM Neiphiu Rio said the killings were a misuse of AFSPA.
March 24, 2022: The SIT sought prosecution sanction from the Department of Military Affairs, Ministry of Defence.
March 31, 2022: The Union Ministry of Home reduced areas in Assam, Nagaland and Manipur from the purview of the AFSPA.
May 30, 2022: The SIT filed chargesheets against 30 accused in the District and Session Court, Mon.
June 11, 2022: Nagaland DGP T. John Longkumer said the army did not follow Standard Operating Procedure for such an operation against militants.
July 19, 2022: The Supreme Court in an interim order stayed any further proceeding in the case.