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The Supreme Court of India has made a significant decision regarding the 2021 botched counter-insurgency operation in Nagaland’s Mon district, which tragically resulted in the deaths of 14 civilians. The court closed criminal proceedings against the army personnel implicated in the incident, citing the requirement for a sanction from the Union government for prosecution under the Armed Forces Special Powers Act (AFSPA). The court's decision was met with mixed reactions, with some praising the focus on maintaining military discipline and others expressing disappointment over the lack of accountability for the victims' families.
The decision to close the proceedings stems from petitions filed by the wives of the army personnel, including a major, who argued that the Nagaland government lacked the jurisdiction to prosecute them due to the immunity granted by AFSPA. This act, which was enacted in 1958 and has been criticized for its broad powers and lack of transparency, shields military personnel from prosecution for offenses committed in the line of duty without prior approval from the central government. The Union government, in February 2023, refused to grant such sanction for the prosecution of the 30 army personnel involved in the botched operation, a decision challenged by the Nagaland government.
The botched operation, which occurred in December 2021, involved the army personnel mistaking seven coal mine workers for insurgents and fatally shooting them. This triggered outrage among local residents, leading to confrontations that resulted in the deaths of more civilians and a soldier. The incident reignited calls for the repeal of AFSPA, which critics argue grants excessive power to the military and has led to numerous human rights violations. The Special Investigation Team (SIT) of the Nagaland Police had recommended the criminal prosecution of the army personnel under several sections of the Indian Penal Code, including murder, attempted murder, destruction of evidence, and criminal conspiracy.
The Supreme Court's decision to close the proceedings despite the SIT's recommendation for prosecution has generated controversy. While the court stated that its order would not prevent the army from taking disciplinary action against the personnel, critics argue that this decision undermines justice for the victims and their families. They contend that the court's ruling prioritizes protecting the military's interests over ensuring accountability for the egregious actions of its personnel. The incident and its aftermath have raised crucial questions about the balance between security and justice in conflict-ridden areas, with the AFSPA's role in hindering accountability being a primary concern.
Moving forward, the debate over the AFSPA and its impact on human rights is likely to continue. The Nagaland government’s appeal against the denial of sanction to prosecute the personnel remains pending before the Supreme Court. This case highlights the need for a thorough examination of the AFSPA's provisions, particularly its impact on civilian populations and its role in hindering the pursuit of justice. The Supreme Court's decision underscores the complex legal and political realities surrounding the use of armed forces in conflict zones, leaving a lingering question of how to balance the need for security with the fundamental rights of citizens in such areas.
Source: 2021 botched Nagaland operation: SC closes proceedings against army personnel