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Synopsis

The State of Nagaland has moved Supreme Court of India seeking to prosecute 30 army personnel who allegedly killed 13 civilians in a botched-up operation in Mon district in 2021.

A challenge has been made to the order denying sanction for prosecution of army men who were named in the FIR lodged by state police.

CJI DY Chandrachud led bench also comprising Justices JB Pardiwala and Manoj Misra was informed on Monday by the State's advocate general KN Balgopal who submitted that though state police had clinching evidence, the Centre had arbitrarily refused to accord sanction for their prosecution.

Court has issued notice in the petition filed under Article 32 to the Centre and the Ministry of Defense and sought their responses.

Notably in July 2022, Supreme Court had stayed proceedings initiated against 30 army personnel in connection with the killing of 14 civilians in Nagaland's Mon district while hearing two pleas, one of which was filed by Anjali Gupta, wife of Major Ankush Gupta, one of the army officers booked by the Nagaland Police.

The plea stated that despite the army personnel being under the Armed Forces Special Powers Act and the Army Act, they were being proceeded against under the Criminal Procedure Code instead.

In the said incident, the Army’s counter-insurgency unit had opened fire at civilians mistaking them for militants, following an intelligence tip-off on the likely movement of militants. Those fired on were residents of Oting village returning home in a pick-up van after work at a coal mine.

Case Title: State of Nagaland vs. UoI