2021 Nagaland Killing: Why Supreme Court Closed SIT Case Against 30 Army Personnel

The Supreme Court ordered closing of the criminal proceedings initiated by the Special Investigation Team (SIT) of Nagaland police. 

Supreme Court said that this order will not prevent the Army from taking any disciplinary action against the 30 personnel

Source : ANI

The Supreme Court on Tuesday closed the criminal proceedings initiated against 30 Army personnel accused of killing 14 civilians in a 2021 botched operation to ambush militants in Nagaland's Mon district.

A bench of Justices Vikram Nath and P B Varale ordered closing of the criminal proceedings initiated by the Special Investigation Team (SIT) of Nagaland police. 

The wives of Army personnel had moved the apex court contending that the 30 Army personnel enjoyed immunity under Armed Forces Special Powers Act (AFSPA) and a prior sanction from Centre was required to prosecute them. 

They challenged the criminal proceedings contending that Nagaland government has no jurisdiction to prosecute the Army personnel due to immunity granted to them under the Armed Forces Special Powers Act (AFSPA). The top court closed the SIT proceedings after hearing these petitions.

However, the court said that this order will not prevent the Army from taking any disciplinary action against the 30 personnel. The top court further added that the case may be taken to its logical end if the Centre sanctions prosecution of these 30 Army personnel.

In 2023, the Centre had refused to grant sanction to prosecute the 30 Army men who were allegedly involved in the botched ambush at Nagaland's Mon district.

The Nagaland government has also filed a petition in the Supreme Court challenging the denial of santion by the Centre. The Nagaland government claims that it has evidence against the Army personnel, including a major, and yet the Centre has arbitrarily denied sanction to prosecute them. A bench headed by CJI DY Chandrachud had earlier issued notice to Centre on the state government's plea. 

On December 4, 2021, an Army team allegedly fired at a pickup truck carrying miners in Oting village in eastern Nagaland, mistaking them for militants. It is claimed that atleast 6 civilians were killed in the alleged incident of firing at the truck. It is further alleged that after when the incident triggered violence in the Mon district, security forces allegedly opened fired in which eight more civilians were killed.

Following the incident, the Nagaland state Assembly convened a special session and unanimously resolved to demand from Centre that AFSPA should be revealed from state.