Yesterday, On 16th July, A Bench comprising Chief Justice of India (CJI) DY Chandrachud, along with Justices JB Pardiwala and Manoj Misra, issued a notice to the Defence Ministry. This notice is in response to a plea from Nagaland seeking the prosecution of 30 Army personnel involved in the Mon killings. The Central government required to respond within six weeks.
Nagaland: In a writ petition by the State of Nagaland seeking permission to prosecute 30 Indian Army personnel accused of killing 13 civilians during a flawed military operation in Mon district in December 2021, a three-judge bench consisting of Chief Justice Dr. DY Chandrachud, Justice J.B. Pardiwala, and Justice Manoj Misra issued a notice to the Ministry of Defence, to be answered within six weeks.
The incident in question involved Army personnel firing at a pickup truck carrying miners in Oting village, eastern Nagaland. Subsequently, charges filed under Sections 302, 307, 326, 201, 34, and 120-B of the Indian Penal Code, 1860. The State of Nagaland is contesting the Union Government‘s decision on 28-02-2024 to deny prosecution sanction under the Armed Forces Special Powers Act, 1958.
The 2021 Mon Killings refer to a tragic incident in Nagaland where thirteen civilians lost their lives during a military operation intended to ambush militants.
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The Mon Killings occurred on December 4, 2021, when an Indian Army team allegedly fired at a pickup truck carrying miners in Oting village, Eastern Nagaland, mistaking them for militants and killing six civilians. Initially, the Indian Army claimed their actions part of an ambush operation against a terror outfit in Nagaland. Subsequently, eight more civilians killed after security forces allegedly opened fire following violence triggered by the initial incident. It later reported that all thirteen individuals killed innocent civilians.
The operation based on intelligence regarding the movement of militants from the Yung Aung faction of the proscribed outfit NSCN (K). On June 11, 2022, the Nagaland police registered five cases and named 30 Army Special Forces soldiers in a chargesheet over the killings of 13 civilians in the failed anti-insurgency operation.
Nagaland DGP TJ Longkumer stated,
“The investigation revealed the 21 Para Special Forces operations team did not follow standard procedures and rules of engagement.”
In April 2022, the Central government denied sanction to prosecute the Army personnel allegedly involved in the ambush.
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The state government subsequently filed a writ petition under Article 32 of the Constitution, claiming violation of fundamental rights and asserting it had compelling evidence against the Army personnel, including a Major, yet the Centre arbitrarily denied sanction for prosecution.
In July 2022, the Supreme Court stayed the prosecution of the Army personnel from a special forces unit based on pleas from the wives of the accused, who argued that their husbands were being prosecuted without the mandatory sanction for prosecution.
Following the Mon Killings, the Nagaland Assembly held a special session and “unanimously resolved” to demand the Centre repeal the Armed Forces (Special Powers) Act (AFSPA) from Nagaland.