Nagaland Govt Moves to SC to prosecute 30 Army-men for the 2021 killing of 13 civilians

The Supreme Court on Monday has admitted a writ petition moved by Nagaland State Government challenging the Centre’s decision denying permission to prosecute 30 army men allegedly involved in the killing of 13 civilians in December 20221. The army personnel were named in the FIR filed by State police in the killing of 13 civilians in a botched-up operation, mistaking them as militants in the Mon district on December 4, 2021. The Centre in 2023 had denied permission for their prosecution.

Before the bench of Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra, the state highlighted the matter as a fit case of violation of fundamental rights, invoking Article 32 of the Constitution. Appealing for the Nagaland Government, state Advocate General K N Balgopal claimed that the state police had clinching evidence against the army men. The Bench has issued notices to both the Centre and the Defence Ministry seeking response within four weeks.

What Happened So far

On December 4, 2021, the Army ambush team had opened fire on a Bolero pick up vehicle carrying local coal miners, mistaking them as militants. The firing happened without any warning and as claimed without challenging them to identify themselves. Six civilians were killed, and later as angry villagers resisted the Army, more than seven were gunned down.

Army claimed they had seen weapons, villagers had argued the weapons are carried by miners as part of regular culture for self defence for wild animals.

The killings had led to wide-scale protests in the state

Nagaland Government lodged an FIR against the Army men belonging to the Alpha team of 21 Para Special Forces

In March 2022, the Nagaland Government had sent their Special Investigation Team (SIT) report to the Defence Ministry seeking sanction for prosecution.

In February 2023, the Centre denied permission to the State government for prosecution.

In July 2022, The SC had stayed the prosecution after wives of the accused army men had moved a petition before court claiming the State lacked sanction from the Centre. The petition had also sought quashing of the FIR, which didn’t happen.

“The competent authority in the Union Government has, without application of mind and going through the entire material collected by the special investigation team during the course of investigation, arbitrarily and against public interest refused sanction to prosecute the accused Armymen” Nagaland Government told the bench of CJI on Monday, as quoted by Times of India.​