2021 botched Nagaland Op: SC closes criminal proceedings against 30 army personnel

In a relief to 30 Army personnel, the Supreme Court on Tuesday, 17 September closed the criminal proceedings initiated against them by the Nagaland government for allegedly killing 13 civilians in a 2021 botched operation to ambush militants in Mon district for want of prosecution sanction.

A bench of Justices Vikram Nath and PB Varale noted that the Centre had on 28 February last year declined to grant sanction to prosecute the personnel under section 6 of the Armed Forces (Special Powers) Act (AFSPA) of 1958.

Section 6 of the AFSPA says, "No prosecution, suit or other legal proceedings shall be instituted except with the previous sanction of the Central Government, against any person in respect of anything done or purported to be done in exercise of the powers conferred by this Act."

The bench said, in case sanction is granted at any stage under Section 6 of the AFSPA, the proceedings pursuant to the impugned FIRs may continue and may proceed in accordance with law and be brought to a logical conclusion.

"In view of the aforesaid discussions, the writ petition (Criminal) Nos...are allowed. The proceedings pursuant to the impugned FIRs shall remain closed," the bench directed.

The apex court closed the proceedings on two separate petitions filed by the wives of the personnel, including a major rank officer, who sought closure of the case lodged by Nagaland police.

The top court also refused to accept the prayer of the Nagaland government to direct the Army to initiate proceedings against the accused personnel on the administrative side.

"The said submission does not merit consideration by this court as that would be at the sole discretion of the armed forces whether or not to carry on disciplinary proceedings against its officers. As such, we are not inclined to issue any such directions. The concerned wing of the armed forces would be at liberty to take or not to take any disciplinary proceedings against its officers," the bench said in its order.

It also noted that the Nagaland government has filed a separate petition challenging denial of prosecution sanction by the Centre against the Army personnel in the case and notice has been issued in the matter.

The top court made its 19 July, 2022 interim order absolute by which it had stayed further proceedings in the FIR registered by the state government against Army personnel belonging to the special forces unit.

The wives of the Army personnel had sought closure of the criminal proceedings on the ground that the state government has no jurisdiction to prosecute the personnel due to immunity granted under the AFSPA.

Their plea contended that prior sanction from the Centre was needed to initiate any legal proceedings against Army personnel if the area falls under AFSPA.