Nagaland civilian killings: MoD denies sanction to prosecute 30 soldiers

After the firing incident, there was widespread condemnation in Nagaland and the northeast region. The state government instituted a Special Investigation Team (SIT) to probe the matter. The Army also set up an independent Court of Inquiry, and promised to take disciplinary action against the guilty.

Court found all 30 soldiers guilty

The SIT filed a chargesheet in May 2022 at the district and sessions court in Mon district in Nagaland. The court found all the 30 soldiers of the 21 Para SF guilty under IPC sections related to murder, attempt to murder, and destruction of evidence, among others.

The SIT, in its conclusions, said that the soldiers shot at the miners “with a clear intention to kill”, and placed the blame on the team commander for conspiracy to kill despite receiving intelligence to the contrary.

The legal process came to a standstill in the absence of sanction from the Centre to initiate action against the armed personnel, which is a must under the Armed Forces Special Powers Act (AFSPA), 1958.

Also watch: Nagaland tense after civilian killings, Assam Rifles camp attacked

The office of the Director General of Police, Nagaland, on Thursday (April 13) in a statement said that the sanction to prosecute had been denied.

“The SIT after completion of the investigation, on 24/3/2022 had sought Sanction for Prosecution from the Department of Military Affairs, Ministry of Defence, Government of India…It may be mentioned that prosecution sanction from the Government of India is required for initiating any proceedings against security forces personnel for any actions taken by them while discharging their duties under section 197(2) Cr.P.C and Section 6 of the Armed Forces Special Powers Act (AFSPA). …Meantime, the competent authority (Department of Military Affairs, Ministry of Defence, Government of India) has conveyed its denial to accord Sanction for Prosecution against all the 30 accused,” said the statement signed by Roopa M, Inspector General of Police, Nagaland.

Army maintained that killings were case of ‘mistaken identity’

The Army has all along maintained that the killings were a case of “mistaken identity”. The Union Home Minister Amit Shah made a similar statement in Parliament in December 2021.

In May 2022, the Army said that its inquiry into the firing incident was completed, but they could not take further action since the case was “sub-judice”.

In July 2022, the Supreme Court stayed proceedings in the case, in response to a petition by the wife of the officer who led the operation, invoking the immunity that the AFSPA offers to the security forces in the region.

Also read: Nagaland firing: FIR states Army men fired with ‘intention to murder’

Strong reactions in Nagaland to denial of sanction

The people in Nagaland reacted strongly to the denial of sanction.

@tapanbose tweeted, “MOD’s denial of sanction to prosecute soldiers who killed innocent Naga civilians in Oting is shameful and blot on our fundamental rights. Naga people will be alienated even more.”

MOD's denial of sanction to prosecute soldiers who killed innocent Naga civilians in Oting is shameful and blot on our fundamental rights. Naga people will be alienated even more

— tapanbose (@tapanbo19804885) April 14, 2023

In another tweet, @Hillsnaga said, “Defence Ministry Denies Sanction For Prosecution Against 30 Accused Security Personnel Involved in Oting Killings.”

The tweet also featured an image of mementoes placed in memory of the victims and a placard that read, “The dead cannot cry out for justice. It is a duty of the living to do so for them.”

Defence Ministry Denies Sanction For Prosecution Against 30 Accused Security Personnel Involved in Oting Killings.#Oting #Mon #Nagalandhttps://t.co/ntb5fqc8Gk pic.twitter.com/DvDuksYUSA

— Naga Hills (@Hillsnaga) April 13, 2023

(With inputs from agencies)