The Supreme Court has issued a notice to the Centre in response to a writ petition filed by Nagaland, challenging the Union Government’s refusal to sanction the prosecution of 30 Indian Army personnel. These personnel are accused of fatally shooting 13 civilians during a military operation in Mon district in December 2021.
Chief Justice DY Chandrachud, alongside Justices JB Pardiwala and Manoj Misra, granted the Defence Ministry six weeks to provide a response.
Advocate General KN Balagopal of Nagaland argued that despite the State police gathering evidence against the accused army personnel, prosecution sanction under the Armed Forces Special Powers Act (AFSPA) 1958 was denied by the Centre on February 28.
The incident occurred when Army personnel allegedly fired upon a pickup truck transporting miners in Oting village, Eastern Nagaland, resulting in FIRs filed under various sections of the Indian Penal Code.
In July 2022, the Supreme Court had stayed the criminal prosecution, citing the absence of AFSPA sanction.
This legal battle has sparked renewed discussions on AFSPA’s role in Northeast Bharat. Following the incident, the Nagaland Assembly unanimously called for AFSPA’s repeal from the region, asserting on the balance between State autonomy, military actions, and civilian rights in conflict zones.
