Relief to 30 army personnel accused of killing 13 civilians, SC stops criminal proceedings

The Supreme Court has stayed the criminal proceedings initiated by the state government against 30 army personnel accused of killing 13 civilians in a botched operation against militants in Mon district, Nagaland, in 2021.

A bench of Justice Vikram Nath and Justice PB Varale held that under Sec-6 of the Armed Forces Special Powers Act, 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 anyone exercising powers conferred under this provision without prior sanction of the Central Government. If permission is granted at any stage under Section 6 of AFSPA, then the proceedings can continue as per the FIR registered and taken to its logical conclusion, the apex court said.

The apex court concluded the proceedings on two separate petitions of wives of military personnel seeking closure of a case registered by the Nagaland Police.

One of these petitions was by the wife of a Major rank officer. The court also refused to accept the request of the Nagaland government that the army be directed to initiate 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.