NEW DELHI: Supreme Court on Tuesday quashed criminal proceedings by Nagaland Police against the 30 Army personnel for allegedly killing 13 civilians in a 2021 botched operation to ambush militants in the state’s Mon district. It said the Centre had declined sanction, which is mandatory before proceeding against Army personnel under Section 6 of the Armed Forces (Special Powers) Act.
Noting that sanction had been declined since Feb last year, a bench of Justices Vikram Nath and P B Varale said the FIR lodged against the personnel could not survive and also refused to pass any direction for departmental proceedings against them.
“The proceedings pursuant to the impugned FIRs shall remain closed. However, in case sanction is granted at any stage under Sec 6 of the AFSP Act-1958, the proceedings pursuant to the impugned FIRs may proceed in accordance with law and be brought to a logical conclusion,” the bench said.
Centre’s prosecution nod denial again puts spotlight on Afspa
The SC bench noted that the Nagaland govt had already approached the court challenging the Centre’s decision to reject sanction to prosecute the Army personnel.
The denial of sanction has again put the spotlight on Afspa which is resented by local communities who feel that it has been reduced to blanket immunity for the armed forces personnel guilty of atrocities and, worse, killings.
The defence establishment and armed forces, however, have strongly argued for continuing with the controversial law, saying it is a necessary shield against harassment through malicious campaigns launched by overground supporters of insurgents.
“The learned senior counsel and counsel for the parties had made submissions making allegations and counter-allegations. However, we are not inclined to go into those submissions, as in our opinion, in view of the specific bar contained in Section 6 of the Afspa, which provides that no prosecution, suit, or other legal proceedings can be instituted except with the previous sanction of the central govt with respect to exercise of any power conferred under the said Act, the proceedings based on the impugned FIRs cannot continue any further,” the bench said.
Noting that sanction had been declined since Feb last year, a bench of Justices Vikram Nath and P B Varale said the FIR lodged against the personnel could not survive and also refused to pass any direction for departmental proceedings against them.
“The proceedings pursuant to the impugned FIRs shall remain closed. However, in case sanction is granted at any stage under Sec 6 of the AFSP Act-1958, the proceedings pursuant to the impugned FIRs may proceed in accordance with law and be brought to a logical conclusion,” the bench said.
Centre’s prosecution nod denial again puts spotlight on Afspa
The SC bench noted that the Nagaland govt had already approached the court challenging the Centre’s decision to reject sanction to prosecute the Army personnel.
The denial of sanction has again put the spotlight on Afspa which is resented by local communities who feel that it has been reduced to blanket immunity for the armed forces personnel guilty of atrocities and, worse, killings.
The defence establishment and armed forces, however, have strongly argued for continuing with the controversial law, saying it is a necessary shield against harassment through malicious campaigns launched by overground supporters of insurgents.
“The learned senior counsel and counsel for the parties had made submissions making allegations and counter-allegations. However, we are not inclined to go into those submissions, as in our opinion, in view of the specific bar contained in Section 6 of the Afspa, which provides that no prosecution, suit, or other legal proceedings can be instituted except with the previous sanction of the central govt with respect to exercise of any power conferred under the said Act, the proceedings based on the impugned FIRs cannot continue any further,” the bench said.
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