2021 Nagaland killings: Supreme Court closes SIT case against 30 Army personnel

The Supreme Court on Tuesday closed the criminal proceedings initiated against 30 army personnel by a Special Investigation Team (SIT) of the Nagaland police in connection with the killing of 14 civilians in the State's Mon district in December 2021 [Rabina Ghale and Anr vs Union of India and Ors]. .A Bench of Justices Vikram Nath and Prasanna B Varale quashed the case on the ground that the requisite sanction by the Central government under Section 6 of the Armed Forces (Special Powers) Act of 1958 was not obtained."In our view, in view of the specific bar contained in Section 6 of the AFSP Act, 1958 which provides that no prosecution, suit, or other legal proceedings can be instituted except with the previous sanction of the Central Government with respect to the exercise of any power conferred under the said Act, the proceedings based on the impugned FIRs cannot continue any further," the Court held.Hence, it allowed the appeal filed by the wife of one of the officers implicated in the case.However, the Court clarified that the personnel could face proceedings if the Union government grants sanction to prosecute the accused. "In case sanction is granted at any stage under Section 6 of the AFSP Act, 1958, the proceedings pursuant to the impugned FIRs may continue and may proceed in accordance with law and be brought to a logical conclusion," the Court said.The Court addressed the issue of internal disciplinary action and held that the armed forces retain the authority to conduct necessary inquiries and take appropriate measures."As such, we are not inclined to issue any such directions. The concerned wing of the Armed Forces would be at liberty to take or not to take any disciplinary proceedings against its officers," it observed..The Supreme Court had in July 2022 stayed proceedings against the 30 army personnel..The verdict today came on several pleas, one of which was filed by Anjali Gupta wife of Major Ankush Gupta, who was one of the army officers booked by the Nagaland Police.The petitioners sought the quashing of the concerned 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 the December incident including the complaint filed by the National Human Rights Commission.On December 4 (2021), a contingent of the Army’s counter-insurgency unit opened fire at unarmed civilians. Those fired on were residents of Oting village returning home in a pick-up van after work at a coal mine.The security forces had mistaken them for militants, following an intelligence tip-off on the likely movement of militants.The National Human Rights Commission had filed a complaint against the Army personnel. Further, the Nagaland Police constituted a special investigation team to investigate the incident, which after the probe, filed a chargesheet against the 30 army personnel. The Nagaland government then sought the permission of the Union government to act against the persons named in the chargesheet. .The present petitioners contended that the SIT attributed criminality to the accused 'in its zest' to conclude the probe and appease a section of society on the basis of a 'lopsided investigation'.The petitioners accused the SIT and State functionaries of having turned a blind eye to the safety of the accused and their family members by revealing their personal information. Further, intelligence received by the accused was not taken cognisance of.Despite being personnel protected by the Armed Forces Special Powers Act and the Army Act, they are being proceeded against under the Criminal Procedure Code instead, it was pointed out..The petition by Gupta was filed through advocate Astha Sharma..Notably, the Supreme Court is seized of a plea by the State of Nagaland alleging that the Union government has arbitrarily refused to give sanction to criminally proceed against army personnel implicated in the matter..Additional Solicitor General Aishwarya Bhati appeared for the Union.Advocate General KN Balgopal appeared for State of Nagaland..[Read Judgment]