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.