The Supreme Court in a recent order sought Centre's reply on a writ petition filed by Nagaland seeking sanction to prosecute 30 personnel of the Indian Army who are accused of killing 13 civilians during a military operation in the Mon district in December 2021.
A bench headed Chief Justice of India DY Chandrachud, and comprising Justices JB Pardiwala and Manoj Misra issued notice to the Ministry of Defence. The top court has given six weeks time to the Ministry to respond.
In February, Centre refused to give sanction to prosecution under the Armed Forces Special Powers Act 1958 for the prosecution.
The State of Nagaland have knocked the top court against Centre's refusal. The state has told the Supreme Court that the State Police have evidence against the 30 accused army personnel.
It may be recalled that in July 2022, the apex court stayed the criminal prosecution against the accused officials initiated by the state of Nagaland. The top court did so after it was told that the State of Nagaland did not seek sanction under the Armed Forces Special Protection Act (AFSPA).
The accused army personnel allegedly fired at a pickup truck carrying miners in eastern Oting village in Nagaland in December 2021.
Following the reports of the incidents, the Nagaland state Assembly unanimously resolved to seek repeal AFSPA from North East, specifically from Nagaland.
Following chargesheet by the state police, the wives of some of accused army officers approached the Supreme Court seeking quashing of FIRs against their husbands.
The Supreme Court while staying the prosecution noted that the AFSPA is applicable to the place in Nagaland where the incident took place.
The Section 6 of the AFSPA states that no prosecution, suit or other legal proceedings shall be instituted except with the previous sanction of the Centre, against any person in respect of anything done or purported to be done in exercise of the powers conferred by this Act.