New Delhi, Sep 17: The Supreme Court on Tuesday directed the closure of the FIR and consequent criminal proceedings initiated by the Nagaland government against members of the Indian Army operational team in connection with the killing of 14 civilians in the state’s Mon district in December 2021.
A bench of Justices Vikram Nath and P.B. Varale allowed the writ petitions filed by the wives of officers for quashing of suo moto FIR registered against the personnel of 21 Para (Special Force). The apex court noted that the sanction under Section 6 of the Armed Forces (Special Powers) Act, 1958 was rejected by the competent authority in February last year. Section 6 provides that no prosecution, suit or other legal proceedings can be instituted against any person in respect of anything done under the AFSPA except with the previous sanction of the Union government.
However, in its judgment, the SC clarified that if the writ petition filed by the Nagaland government challenging the correctness of the denial of sanction is allowed in future, the proceedings pursuant to the impugned FIRs are liable to be continued.
“In case sanction is granted at any stage under Section 6 of the AFSP Act, 1958, the proceedings pursuant to the impugned FIRs may continue and may proceed in accordance with law and be brought to a logical conclusion,” it said.
Further, the SC declined to set in motion disciplinary proceedings against the army officers, saying that the concerned wing of the armed forces would be at liberty to take such action or not.
The Special Investigation Team (SIT), set up by the Nagaland government, had named 30 Army personnel, including a major, in its charge sheet filed before the District and Sessions Court in Mon district.
At least 13 people were killed on December 4, 2021, and another villager was killed and more than 20 injured the next day in the subsequent violence in the Mon district. Almost all Naga organisations including the Eastern Nagaland People’s Organisation, the All Naga Students’ Association, and the United Naga Council organised a series of agitations against the killings.
IANS