Ensure speedy, fair trial in Nagaland case

The charge sheet filed by the Special Investigation Team of Nagaland Police over a botched operation of the Assam Rifles in Mon district on December 4 last year is the first step in the process of fixing responsibility for the incident and making the offenders accountable for it. Six civilians were killed in firing by the Army personnel and the ensuing violence led to the death of six more civilians and an Army personnel. The incident triggered massive protests in Nagaland and attracted much national attention. The state government set up an SIT to probe the incident, which has now named 30 Army personnel, including a major, in the charge sheet. The SIT has reported that the Army team did not follow the Standard Operating Procedure and the Rules of Engagement and resorted to “indiscriminate and disproportionate” firing on a van in which some miners were returning from work. It has booked the Army personnel on charges of murder, criminal conspiracy, and destruction of evidence.

The Assam Rifles personnel acted under the protection of the Armed Forces Special Powers Act (AFSPA) which ensures that no legal action is taken against offenders on any charges levelled against them without permission from the Union Home Ministry. The law has been abused any number of times in the North-East states and in Jammu & Kashmir where it has been operational for decades. Recently, it was withdrawn from some areas in Assam, Manipur and Nagaland but it still provides a shield for the forces in many other areas. In the case of the Mon incident, there is also a parallel investigation by a court of an inquiry being done by the Army. The Army now has to decide whether the inquiry should be held under the Army Act or whether the proceedings under civilian law can continue.

Nagaland Police has said it is still waiting for sanction for prosecution from the Department of Military Affairs, though it has requested it and sent reminders. The Army has admitted that there was an intelligence lapse. Even if that is true, it will not reduce the gravity of the offence. It is for the government and the Army to ensure that justice is done in the case through fair and impartial proceedings. This is necessary even for the success of the peace talks that are going on now for the restoration of full normalcy in the state. Repeated cases of highhanded and lawless conduct by the armed forces under cover of AFSPA have shown how easily and frequently it is misused. They have also underlined the need for abolition of the law which violates the canons of the rule of law in a democratic society.