SC closes criminal proceedings against 30 Army men over botched Nagaland op

The Supreme Court on Tuesday closed criminal proceedings against 30 Army personnel, including a Major, accused of killing 13 civilians in a botched operation to ambush militants in Nagaland’s Mon district on December 4, 2021 for want of sanction by the Centre under Section 6 of the Armed Forces (Special Powers) Act, 1958.

A Bench of Justices Vikram Nath and PB Varale, however, said the case may be taken to its logical conclusion if the Central Government granted sanction for their prosecution.

The top court, which had stayed the proceedings on the FIRs on July 19, 2022, refused to go into the merits of the submissions made by parties in view of the bar under Section 6 of the AFSPA against any prosecution, suit, or other legal proceedings, except with the prior sanction of the Centre.

As Nagaland Advocate General KN Balagopal submitted that Army authorities should continue with the proceedings against the personnel on the administrative side, the Bench said, “The concerned wing of the Armed Forces would be at liberty to take or not to take any disciplinary proceedings against its officers.”