Relief to 30 army personnel accused of killing 13 civilians, SC stops criminal proceedings
The Supreme Court has stopped the criminal proceedings initiated by the state government against 30 army personnel accused of killing 13 civilians in 2021 in a failed operation against militants in the Mon district of Nagaland. Legal proceedings or prosecution cannot be initiated against any person using the powers conferred under this provision without the prior permission of the central government.
The Supreme Court has stayed the criminal prosecution initiated by the state government against 30 army personnel accused of killing 13 civilians in 2021 in a botched operation against militants in Nagaland's Mon district.
A bench of Justice Vikram Nath and Justice PB Varale observed that under Section-6 of the Armed Forces Special Powers Act (AFSPA), 1958, the Central government had refused to allow prosecution against these army personnel on February 28 last year.
No prosecution or legal proceedings can be instituted against any person exercising powers conferred under this provision without the previous sanction of the Central Government. The apex court said if, at any stage, permission is accorded under Section 6 of AFSPA, then the proceedings can continue in accordance with the FIR registered and it can be taken to its logical conclusion.
The apex court also closed the proceedings on two separate petitions of wives of army personnel seeking closure of the case registered by Nagaland Police.
One of them was by the wife of a Major rank officer. The court also declined to accept the plea of the Nagaland government that the army be directed to take action against the military personnel accused administratively. The court said in its order that it is completely the discretion of the army whether to initiate disciplinary proceedings against its officers or not.
The Supreme Court also said that the Nagaland government has filed a separate petition challenging the Centre's refusal to allow prosecution against military officers and notice has been issued in this matter.
Earlier, the apex court had stayed further proceedings in the FIR lodged by the state government against the army personnel in an interim order dated July 19, 2022. The wives of the army personnel had sought to stop the criminal proceedings on the ground that the state government does not have the right to prosecute the army personnel due to the exemption granted under AFSPA.
