The Naga Students’ Federation (NSF) has expressed profound indignation over the Supreme Court’s recent decision to close criminal proceedings against the personnel of 21 Para (SF) involved in the Oting massacre. “The Supreme Court’s decision on 17 September 2024 to close the FIRs without prosecution further compounds the gross injustice the Naga people have endured,” it said.
In a memorandum addressed to the Home Minister, submitted through the Home Commissioner of Nagaland, the NSF voiced their concerns over the “consistent refusal to grant prosecution sanction against the guilty personnel.” The NSF highlighted that the Special Investigation Team (SIT) formed by the Nagaland Government had filed a chargesheet against 30 members of the 21 Para (SF), “based on irrefutable evidence.”
Despite this, the NSF pointed out that the denial of prosecution raises serious questions. The NSF questioned, “What is the Government of India trying to hide? Why is justice being withheld despite the gravity of the crime?” It alleged that by denying prosecution sanction, the government appears to be protecting the guilty rather than upholding the rule of law.
The NSF also criticized the Supreme Court’s interim stay of proceedings in July 2022 and the eventual closure of the case, arguing that the Naga people have waited in vain for accountability in this horrific incident.
“The eventual closure of the case despite the SIT’s findings erodes the trust that the Naga people place in the law of the land and democratic institutions,” it stated, continuing, “The Oting incident is not merely an isolated act of violence but a reflection of systemic injustice that has persisted under the draconian Armed Forces Special Powers Act (AFSPA), 1958”. The NSF argued that AFSPA, “which has long been opposed by the people of the Northeast,” provides blanket immunity to armed forces personnel, thereby sanctioning extrajudicial killings and severe human rights violations.
“The Oting incident stands as a glaring example of how AFSPA is used to shield perpetrators of violence against innocent civilians, deepening the wounds of conflict and alienation,” it said.
The Federation also condemned the “shoddy intelligence” that led to the botched operation, pointing out the wrongful identification of civilians and called for a thorough investigation into the intelligence failure.
In view to these grievances, the NSF has made the following demands:
· The prosecution sanction against the accused personnel of the 21 Para (SF) involved in the Oting massacre.
· Full accountability and transparency from the Union Government regarding the botched intelligence operation.
· The immediate revocation of AFSPA from the Naga homeland and the Northeast.
The NSF has warned that if their demands are not met, they will have no choice but to “launch democratic agitations to fight for the justice that has been denied to the victims and their families.” The Naga people, according to the NSF, will not remain silent in the face of such “gross injustices” and continue to demand justice and accountability.