A three-judge bench of the Supreme Court of India, led by Chief Justice DY Chandrachud, has issued a six-week notice to the Union Government and the Ministry of Defence to respond to a writ petition filed by the State of Nagaland. The petition seeks approval to prosecute 30 Indian Army personnel implicated in the deaths of 13 civilians during a military operation in Nagaland.
The incident occurred on December 4, 2021, in Nagaland’s Mon district, when army personnel allegedly fired upon a pickup truck carrying miners in Oting village without challenging or identifying the occupants. The soldiers claimed they had positively identified the occupants as militants, leading to the deaths of six civilians initially. This initial encounter triggered a violent clash between local villagers and the Army, resulting in the deaths of seven additional civilians and one soldier.
The petition argues that the Centre’s refusal to sanction prosecution under the Armed Forces Special Powers Act (AFSPA) of 1958 is arbitrary and against public interest, noting that the state police possess compelling evidence against the army personnel involved. The Nagaland Assembly has unanimously resolved to demand the repeal of AFSPA from the North Eastern part of the country, particularly from Nagaland. This case highlights ongoing debates about AFSPA and its implications in conflict-prone areas.
For further details, refer to the original report on JURIST.