In a significant development, the Supreme Court of India has dismissed criminal proceedings against 30 Army personnel implicated in a mismanaged operation that resulted in the deaths of 13 civilians in Nagaland’s Mon district in 2021. The decision came after careful consideration of petitions by the wives of the accused personnel, including one from a Major, who argued that the criminal charges filed by the Nagaland police should be nullified due to the jurisdictional immunity provided under the Armed Forces Special Powers Act (AFSPA).
Justices Vikram Nath and P B Varale, who presided over the case, clarified that the termination of the proceedings does not preclude potential disciplinary actions by the Army against the involved personnel. They also noted that the criminal case could be revived should the Central government grant the necessary sanctions for prosecution.
This ruling follows a contentious period where, in April of the previous year, the Central government had refused to authorize the prosecution of the servicemen, despite allegations of their involvement in the flawed operation at Oting, Mon district. The Nagaland government has since escalated the matter, filing a separate petition to challenge the denial of sanction, which is currently under review by a bench led by Chief Justice D Y Chandrachud.
The state government contends that it possesses decisive evidence against the implicated Army personnel, including a Major, and has criticized the Centre’s decision to withhold sanction as arbitrary. The Supreme Court had previously put a hold on the prosecution in July 2022, pending a review of the necessity for the state to obtain mandatory sanction for prosecution, further stirred by appeals from the soldiers’ wives.
This closure of criminal proceedings marks a pivotal moment in the ongoing legal saga surrounding the 2021 Nagaland operation, highlighting the complex interplay of military immunity and jurisdictional authority under AFSPA.
