Justice Denied: Supreme Court Halts FIR and Criminal Proceedings Against Army Personnel in Nagaland Killings
NATIONAL NEWS ALERT
Supreme Court Halts FIR Against Indian Army Personnel in Nagaland Civilians’ Case
New Delhi, Sep 17: The Supreme Court on Tuesday ordered the cessation of the FIR and subsequent criminal proceedings initiated by the Nagaland government against Indian Army personnel following the killing of 14 civilians in Mon district in December 2021.
A bench of Justices Vikram Nath and P.B. Varale upheld the writ petitions filed by the wives of 21 Para (Special Force) officers, seeking the quashing of the suo moto FIR. The court highlighted that the required sanction under Section 6 of the Armed Forces (Special Powers) Act, 1958 (AFSPA), had been denied by the competent authority in February the previous year. According to Section 6, no legal proceedings can be pursued against any person for acts done under AFSPA without prior Union government sanction.
However, the Supreme Court noted that if the Nagaland government’s writ petition challenging the sanction denial is approved in the future, the criminal proceedings related to the FIR could resume. "In case sanction is granted at any stage under Section 6 of the AFSPA, 1958, the proceedings pursuant to the impugned FIRs may continue and be brought to a logical conclusion," the judgment stated.
The court also refrained from recommending disciplinary action against the army officers, allowing the concerned wing of the armed forces to decide on any possible measures.
The case gained prominence after a Special Investigation Team (SIT) set up by the Nagaland government implicated 30 Army personnel, including a major, in its charge sheet submitted to the District and Sessions Court in Mon district.
The controversy erupted when 13 civilians were killed on December 4, 2021, followed by further violence resulting in another death and over 20 injuries the next day. Numerous Naga organizations, such as the Eastern Nagaland People’s Organisation, the All Naga Students’ Association, and the United Naga Council, organized widespread protests against the violence.
IANS
Original Story https://theshillongtimes.com/2024/09/17/nagaland-killings-sc-closes-fir-criminal-proceedings-against-army-personnel/
Category : NATIONAL,News Alert
Tags:
