SC closes criminal proceedings against 30 Army men in 2021 botched Nagaland operation

The Supreme Court on Tuesday closed criminal proceedings against 30 Army personnel accused of killing 13 civilians in a botched operation to ambush militants in Nagaland's Mon district on December 4, 2021, for want of sanction by the Centre under Section 6 of the Armed Forces (Special Powers) Act, 1958.

A Bench of Justice Vikram Nath and Justice PB Varale, however, said the case may be taken to its logical conclusion if the Centre granted sanction for their prosecution.

The top court, which had stayed the proceedings on the FIRs on July 19, 2022, refused to go into the merits of the submissions made by parties in view of the bar under Section 6 of the AFSPA against any prosecution, suit, or other legal proceedings, except with the prior sanction of the Central Government.

As Nagaland Advocate General KN Balagopal submitted that Army authorities should continue with the proceedings against the personnel on the administrative side, the Bench 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 order came on a petition filed by wives of two Indian Army officers seeking quashing of an FIR lodged by the Nagaland Police against 30 Army men, including their husbands, for various offences, including murder.

The Competent Authority under AFSPA had in 2023 refused to grant sanction under Section 6 of the Act to prosecute the Army personnel involved. The Nagaland Government had challenged the denial of sanction to prosecute them.

The Nagaland Government had contended that it has clinching evidence against the Army personnel, including a Major, and yet the Centre has arbitrarily denied sanction to prosecute them.