Mokokchung, July 26 (MTNews):The petition filed by the petitioners regarding the criminal procedures against Army Personnel in connection with the Oting killing incident, in which 14 unarmed citizens were slain on December 4, 2021, has ‘shocked’ the National People’s Party of Nagaland State.
NPP Nagaland through a press release stated that before filing such petitions, consideration should have been given to the concerns of the first information report (FIR), the findings and recommendations of the Special Investigation Team (SIT) appointed by the State Government, and all other ancillary proceedings arising out of the Oting incident, including the complaint filed by the National Human Rights Commission (NHRC).
Additionally, NPP Nagaland expressed their sadness and displeasure about the situation, feeling that the “Army must surrender and admit their entire failure of responsibility and duty”.
The press release stated that this was “uncalled for” and totally ignores the right to life of the innocent people who were murdered on December 4, 2021.
The NPP while citing Article 21 which states that, “Protection of life and Personal Liberty: No person shall be deprived of his life or personal liberty except according to the procedure established by the Law,” asked whether the actions of Army personnel amounted to ‘Mutiny’ as defined by the Army Act, insofar as their effort, “endeavours to arrest or gun down any person,” or whether their moral duty of performing their bona fide duties amounted to ravaging the rights of innocent people.
The Indian Penal Code, 1860 (IPC), Sections 302, 307, 326, 201, and 34, as well as Section 120-B, were referenced in the NPP’s suggestion to take into account the circumstances that led to the filing of the writ petition by several agencies in order to provide justice to the bereaved families of the dead and the wounded. The NPP stated that only after “keeping the situation in mind, along with the seriousness of the crime and the consequences, the Nagaland Assembly, in a special session, ‘unanimously resolved’ to demand the Government of India to repeal the Armed Forces Special Powers Act (AFSPA)”.
According to the party, the petitioners’ disregard towards the findings of the SIT was just an “excuse to prolong the case without any relevant proofs or evidences to argue their position.”
The party said that because the SIT members are “well qualified and experienced in their respective responsibilities,” the petitioners’ claims of an unbiased investigation, arbitrariness, and unilateral and illegal statements are false and should be condemned.
“The investigation should not be construed as biased or trying to appease the public outcry and to assuage the concern of the chosen few as the SIT was honestly conducting all investigations in a fair manner taking into consideration all evidences at the site of the incident and the statements of the witnesses and the survivors,” the party asserted.
The NPP Nagaland then questioned whether the reluctance of the accused and perpetrators to be bound by the SIT reports’ judgments amounted to willful disobedience of the judgment of the highest investigative body.
According to the political party, the “acts of the accused in creating diversionary tactics of questioning the findings of the SIT or submitting Writ Petitions in the Supreme Court may be a tacit support to bring this matter to a dead end or to let it die a slow death before the accused are brought to justice”.
Finally, NPP Nagaland urged the Government to take up necessary steps as early as possible to prosecute the accused persons in accordance with the law of the land.
“One must remember that the constitution does not recognize the Armed Forces as either superior or independent of civil authority. In fact, Article 53(2) expressly provides that “The supreme command of the Defence Forces of the Union shall be vested in the President and exercise thereof shall be regulated by Law,” it stated.
The party emphasized the necessity for the families of those who have died to receive immediate justice and urged the Supreme Court to recognize the seriousness of the Otingincident, consider all the pros and cons fairly and impartially, and bring justice to the afflicted victims’ families as quickly as possible in a way that will be acceptable to all.”Justice delayed is justice denied”, it said in conclusion.