The Supreme Court of India has brought an end to the criminal proceedings against 30 Army personnel implicated in the tragic 2021 Mon Killings in Nagaland. This incident, which occurred on December 4th, 2021, saw the loss of 13 innocent civilian lives when an Indian Army team mistook a pickup truck carrying miners for militants, firing upon them in Oting village, Eastern Nagaland. The Army initially claimed the operation was part of an ambush on a terrorist outfit in Nagaland, but it later emerged that all 13 victims were civilians. The incident sparked widespread outrage and calls for justice.
The Supreme Court’s decision to close the criminal proceedings comes after petitions filed by the wives of the accused, including a major, who sought dismissal of the case initiated by the Nagaland police. They argued that under the Armed Forces Special Powers Act (AFSPA), which grants immunity to military personnel operating in conflict zones, prior sanction from the Central government is required for any legal action. The Central government had denied such sanction in April 2023.
However, the Nagaland government, in a separate legal challenge, contested the denial of prosecution sanction, asserting that they possess substantial evidence against the personnel. This petition led to a notice being issued by a bench led by Chief Justice DY Chandrachud. The state argued that the Centre’s denial was arbitrary and not based on the evidence presented.
The Supreme Court’s ruling clarifies that while the criminal proceedings are closed, the case can be reopened if the Central government grants permission for prosecution. The order also doesn’t prevent the Army from initiating any internal disciplinary actions against the involved personnel.
In July 2022, the Supreme Court had temporarily halted the prosecution process, acknowledging the need for state approval to proceed with legal action against the Army personnel. The Mon Killings remain a sensitive issue in Nagaland, highlighting the complexities and challenges of the conflict between security forces and armed groups in the region. The Supreme Court’s decision is likely to be met with mixed reactions, raising further questions about the applicability of AFSPA and the accountability of security forces in conflict zones.
