NEW DELHI: The Supreme Court on Monday agreed to hear writ petition filed by Nagaland government. This challenges Centre's decision to deny prosecution of 30 army personnel. They are implicated in killing of 13 civilians during a failed operation in Mon district on December 4 2021. The petition was filed under Article 32 of the Constitution. It invoked violation of citizens' fundamental rights.
The bench, comprising Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra issued notices to Centre and Ministry of Defence. It requested their responses within four weeks.
Nagaland's Advocate General K N Balgopal argued that despite substantial evidence against army personnel. This included a Major. The Centre had arbitrarily refused to grant sanction for their prosecution. He contended that Union government dismissed Special Investigation Team's (SIT) findings without proper consideration. Thus acting against public interest.
The competent authority in Union government has without application of mind and going through entire material collected by special investigation team (of state police) during course of investigation arbitrarily and against public interest refused sanction to prosecute accused army personnel stated the Nagaland government.
The Supreme Court had previously stayed prosecution of accused members of Alpha team of 21 Para (Special Forces). This was in July 2022. This decision followed petitions from wives of accused. They argued that their husbands were being prosecuted without state obtaining mandatory sanction from Centre. They also sought quashing of FIRs filed against their husbands. The Centre refused to sanction prosecution on February 28 2023.
According to state's allegations ambush team opened fire on Bolero pickup truck carrying coal mine workers without verifying their identities. Team claimed they had targeted individuals carrying guns and weapons wearing dark clothes jumping quickly into the vehicle. However, state argued that such characteristics were common among villagers in Nagaland who often carry hunting guns and wear dark clothes.
The initial ambush resulted in the death of six civilians, following incident villagers clashed with army leading to the death of seven more civilians and one soldier. SIT collected evidence and submitted it to Department of Military Affairs in New Delhi on March 24, 2022 seeking sanction for prosecution.
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