The Nagaland government has filed a writ petition with the Supreme Court, challenging the Centre’s order denying sanction for the prosecution of 30 soldiers. These soldiers were named in an FIR by the state police for the killing of 13 civilians in Mon district on December 4, 2021.
According to reports, the petition, filed under Article 32 of the Constitution, cites a violation of the fundamental rights of the citizens. The incident in question involved an alleged botched operation intended to ambush militants, resulting instead in the death of 13 civilians.
State Advocate General KN Balgopal stated that despite the state police having substantial evidence against the soldiers, including a Major, the Centre has refused to grant sanction for their prosecution. The Supreme Court bench, led by Chief Justice DY Chandrachud and including Justices JB Pardiwala and Manoj Misra, has issued notices to the Centre and the Ministry of Defence, requiring their responses within four weeks.
In July 2022, the Supreme Court stayed the prosecution of personnel from the Alpha Team of 21 Para (Special Forces) following petitions from the wives of the accused. The petitions argued that the prosecution was proceeding without the mandatory sanction from the Centre and sought the quashing of the FIRs. By February 2023, the Centre formally refused to sanction the prosecution.
“The competent authority in the Union govt has, without application of mind and going through the entire material collected by the special investigation team (SIT of state police) during the course of investigation, arbitrarily and against public interest refused sanction to prosecute the accused Army-men,” Nagaland government told the bench of Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Misra as quoted by the Times of India.
The state’s submission highlighted that the Army ambush team fired on a Bolero pickup carrying coal miners without verifying their identities. The soldiers claimed the civilians were armed and had quickly entered the vehicle, but the state countered that such behavior and possession of hunting guns are common in Nagaland.
The case has been listed for hearing on September 3.
Konyak Union extends gratitude to state government
The Konyak Union (KU) expressed profound gratitude to the Nagaland State Government for its decisive action in prosecuting 30 personnel from the 21 Para, Alpha Team, who were involved in the tragic massacre of 14 innocent civilians at Oting village on December 4, 2021.
“This move to take the matter to the Supreme Court is a significant step toward ensuring justice for the victims of this horrific incident,” the KU said in a press statement.
The KU further noted that the union had previously met with state Home Minister Y Patton to apprise him of the matter and advocate for the case to be pursued at the highest judicial level.
“We are optimistic that justice will soon be delivered to the victims and that those found guilty, regardless of their uniform, will receive appropriate punishment. Such a grave and gruesome crime must not go unpunished, setting a precedent for the future,” it added.
The KU said they remain committed to upholding peace and tranquility in the region adding that they bear the responsibility to protect and safeguard their citizens from any aggressors and criminals.
“We trust in the legal system of our great democracy and have placed our faith in the law enforcement agencies and the state government to see this matter through to a just conclusion,” it added.
The KU thanked the state government for its diligent pursuit of the case in the Supreme Court, following the critical findings by the Special Investigation Team (SIT).