Justice for Heroes: Court Triumphantly Quashes Criminal Proceedings Against Para SF Commandos | Oting Killings Relief | MorungExpress
March Against AFSPA Concludes Amidst Legal Battles Post-Oting Killings
On January 11, 2022, a participant in the ‘March Against AFSPA’ rally, which traversed from Dimapur to Kohima, demanded the repeal of the Armed Forces Special Powers Act (AFSPA) outside Raj Bhavan Kohima. This march followed the infamous Oting Killings on December 4, 2021, where a botched operation by the 21 Para Special Forces led to civilian casualties.
As of September 17, 2023, legal proceedings against the 21 Para SF soldiers involved in the Oting Killings have stalled due to the protective provisions of AFSPA. The Supreme Court upheld petitions from the accused soldiers’ wives, challenging the FIRs/criminal proceedings. The Nagaland government’s Special Investigation Team (SIT) had charged 30 soldiers involved in the failed operation, but the court quashed these proceedings citing AFSPA’s immunity clause, which requires Central Government sanction for prosecution.
The Supreme Court decision, delivered by Justices Vikram Nath and P B Varale, underlined that without prosecution sanction from the Central Government, legal actions based on the FIRs cannot proceed. It left open the possibility of case revival if prosecution sanction is granted in the future, stating, "If ultimately at some stage, sanction is granted under Section 6 of the AFSP Act, 1958, the proceedings pursuant to the impugned FIRs are liable to be continued."
Moreover, the court declined Nagaland government’s request for the Army to initiate disciplinary actions, affirming that this decision is at the sole discretion of the armed forces.
The Oting Killings occurred when a unit of 21 Para SF ambushed a pickup carrying coal miners, mistaking them for insurgents. The incident led to a violent clash with villagers, resulting in further casualties, highlighting the severe consequences of operational failures under AFSPA protections.
The fallout extended to Mon town, where another civilian protestor was killed during a protest on December 5, 2021. These incidents continue to fuel the debate on AFSPA’s implications and the need for its repeal.
Original Story https://www.morungexpress.com/oting-killings-court-quashes-criminal-proceedings-against-para-sf-commandos
Category : Nagaland
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