Failure by the judiciary to shoulder their responsibilities – Naga Hoho slams Supreme Court ruling on Oting massacre

The Naga Hoho has expressed its “strong resentment and vehement condemnation” of the Indian Supreme Court’s ruling on September 17, 2024, which closed criminal proceedings against the 30 Indian Army personnel involved in the Oting massacre of December 4, 2021.

The ruling, which states that the case may proceed if “sanction is granted by the Centre (Central Government),” has been dismissed by the Naga Hoho as mere “lip-service” and a failure by the judiciary to “shoulder their responsibilities” while passing the matter to the executive branch.

The Oting massacre, which resulted in the deaths of 14 innocent civilians, remains a “painful reminder of the ongoing violence and injustices faced by the Naga people” under the “draconian law” known as the Armed Forces Special Powers Act (AFSPA) 1958, the Naga Hoho said.

The Naga Hoho criticized AFSPA for allowing the Indian Armed Forces to act with “impunity” and make war on the very citizens they are sworn to protect, based on “the flimsiest or cooked-up evidence.” The Act, according to the Hoho, gives “blanket immunity from prosecution by civilian courts” to the military.

The Oting incident, the Naga Hoho emphasized, is not isolated but part of a “long history of oppression and suppression of the Naga people’s struggle for civil and political rights.” The statement referenced several past atrocities, including the Matikhru massacre of 1960, the Oinam incident of 1987, and the rape and arson in Mokokchung-Akuluto in 1994-95, the mayhem of Kohima on 1995, and the murder of students in Wuzu 2015, describing these events as part of a “reign of terror” that will continue unless the Supreme Court holds the armed forces accountable.

“This monstrous list of atrocities and civilian deaths will keep on increasing so long as the ultimate caretaker of the rule of law in the land, the Supreme Court continues to protect the Armed forces from accountability for their actions,” it said.

The Naga Hoho pointed out that the Supreme Court’s decision to terminate the case filed by the Special Investigation Team of Nagaland Police sends a ‘harrowing message’ that justice will remain out of reach for the victims and their families.

The Naga Hoho viewed the ruling as an outrage to their pursuit of justice and accountability. “The Oting massacre was a clear violation of human rights and the repudiation of the case undermines both the credibility of the judicial process and the public trust in the rule of law,” it stated.

The Naga Hoho urged upon the Government of Nagaland to not give up in its efforts to seek justice for the victims’ families in particular and the Naga people in general but to continue to explore and avail all avenues so that Justice is meted out to all the stakeholders.

The Naga Hoho further called upon all Naga Civil Society Organizations, Tribal bodies, Human Rights defenders, Naga political groups and every Naga citizen to stand united in the condemnation of the gross injustice.