Centre refuses sanction to prosecute Armymen for Nagaland civilian killings
The Defence Ministry's Military Affairs Department refused to sanction the prosecution of the 30 Indian Army commandos accused of killing 13 civilians in Nagaland's Oting in 2021, the Nagaland Police told the Mon district and sessions court. In July last year, the Supreme Court stayed the Nagaland Police's proceedings against the accused Indian Army Special Forces commandos based on an appeal by their wives.
Why does this story matter?
On December 4, 2021, commandos of 21 Para Special Forces opened fire at a van ferrying coal miners from Tiru to Oting village in Nagaland's Mon district, mistaking them for insurgents. It killed six persons on board, following which a mob of protesters set fire to Army vehicles. The Army personnel opened fire again, killing seven more civilians.
Nagaland Police completed investigation in March 2022
The Nagaland Police's Deputy Inspector General (Crime Investigation Department) said on Wednesday that the crime cell and the Special Investigation Team (SIT) constituted by the state government to investigate the killings completed the probe in March 2022. As per the procedure, after the investigation, they sought sanction from the Defence Ministry's Military Affairs Department to prosecute the accused but were denied.
Centre's sanction required for prosecution
Notably, the case's chargesheet and the pending receipt of sanction for prosecution were filed in court in May of last year. As per the law, the Centre's sanction is required for any proceedings against the security forces personnel while discharging them under Section 197(2) of the Code of Criminal Procedure (CrPC) and Section 6 of the Armed Forces (Special Powers) Act (AFSPA).
AFSPA extended in Nagaland for six months in March
In March, the Armed Forces (Special Powers) Act or AFSPA was extended for six months in parts of Nagaland and Arunachal Pradesh by the Ministry of Home Affairs (MHA). The act empowers the armed forces to use force, open fire, and search/arrest a person without a warrant to maintain order in "disturbed areas."
