The charred remains of vehicles belonging to security personnel involved in the Oting killings of December 2021. (Morung File Photo)
Morung Express News
Dimapur | July 20
The Supreme Court on July 19 has stayed further proceedings in the Suo Moto first information report (FIR) registered against the personnel of 21 Para (SF), Unit of the Indian Army involved in the killing of civilians at Oting under Mon district of Nagaland on December 4, 2021.
In an interim order, the SC Bench comprising of Justice Indira Banerjee and V Ramasubramanian, cited lack of “mandatory previous sanction” from the Central Government under the Section 6 of AFSPA, 1958.
“In view of the admitted position that mandatory previous sanction as required under Section 6 of the Armed Forces (Special Powers) Act, 1958 has not been obtained. We are constrained to pass an interim order staying further proceedings pursuant to FIR No. 27 of 2021/Final Report of the Special Investigation Team/Chargesheet,” stated the order.
The Bench further noted that in the past the Apex Court has entertained similar writ petitions filed by “close family members of officers of the Indian Army” and noted that the copies of those orders are annexed to the current writ petition.
The Bench was hearing writ petitions filed by the wives of officers of the Indian Army involved in the December 4 incident for “quashing of Suo Moto FIR, bearing State Crime Police Station (SCPS) Case No.07/2021” registered against the 21 Para (SF) personnel.
The petitions also called for quashing the findings of “findings and recommendations of the Special Investigation Team (SIT) dated 24th March 2022” constituted by the Government of Nagaland.
As per the court order, proceedings of the case emanate out of an “incident” on December 4, 2021 which led to a “firing in which 6 persons were killed.”
Thereafter, the “incident flared up leading to more killings and also killing of one of the Army personnel.”
It further noted that the March 24 SIT report “appears that sanction of prosecution is to be obtained under Section 197(2) of the Code of Criminal Procedure, 1973 (CrPC) and Section 6 of the Armed Forces (Special Powers) Act, 1958.”
However, it noted that while Section 197(2) of the CrPC “applies to taking cognizance by the Court,” the Section 6 of AFSPA, 1958 clearly provided that “no prosecution, suit or other legal proceedings shall be instituted except with the previous sanction of the Central Government.”
The Additional Solicitor General, on the query of the Court, also submitted that no previous sanction has been granted by the Central Government and the question of sanction is awaiting consideration at the appropriate level.
In the light of the above record, the Bench passed the order staying further proceedings and listing the matter for hearing after eight weeks.
It may be noted here that the Special Investigation Team that was instituted to investigate the December 4, 2021 Oting killings, had filed charges against 30 members of the 21 Para (SF), who took part in the covert counter-insurgency operation.
The charge was filed at the District and Sessions Court, Mon on May 30, 2022. A total of 30 soldiers (1 Major, 2 Subedars, 8 Hav/THM, 4 Nk, 6 L/Nk and 9 Paratroopers) of the 21 Para (SF) were named in the charge-sheet. It was preceded by the SIT forwarding a letter to the Department of Military Affairs in early April seeking prosecution sanction.
According to the Nagaland Director General of Police T John Longkumer, who addressed a press conference on earlier June 11, a “reminder” letter followed in May and “the sanction for prosecution is still awaited.”
