Defence ministry refuses nod to prosecute 30 armymen over Nagaland killings

The defence ministry has refused to accord sanction to prosecute 30 army personnel who were allegedly involved in a botched counter-insurgency operation in Nagaland’s Mon district in 2021 that led to the killing of 13 civilians, according to the state police.

“The competent authority (Department of Military Affairs, Ministry of Defence, Government of India) has conveyed its denial to accord Sanction for Prosecution against all the 30 accused,” a statement from the state police headquarters on Wednesday said.

“As required by law, the fact of the denial of the Prosecution Sanction has been communicated to the Court of District & Session Judge, Mon by the State Crime Cell Police Station and the SIT,” the statement added.

On December 4, 2021, six local coal miners at Tiru-Oting area of Mon district were killed by soldiers of 21 Para Special Forces of the Indian Army who mistook them as militants. Soon after the incident, angry villagers reached the spot and set ablaze two security vehicles, sparking off another round of firing by forces to “control the situation” in which at least seven villagers and one security personnel died.

A special investigation team (SIT), headed by Nagaland inspector general of police, probed the incident and on March 24, 2022, sought sanction for prosecution from the defence ministry against the accused security personnel.

The SIT also submitted names of 30 personnel of 21 Para Special Forces in its charge sheet in the court on May 30, 2022.

The Centre’s legal sanction is required to initiate any proceeding against security forces personnel for their actions while discharging duties under section 197(2) of CrPC and section 6 of Armed Forces Special Powers Act (Afspa).

The Supreme Court on July 19 stayed any further proceedings in the case after the wives of the accused security forces personnel approached it, seeking quashing of the state police’s suo motu FIR and findings of the SIT.

On the defence ministry’s refusal to give legal sanction, Naga Peoples’ Movement for Human Rights (NPMHR) secretary general Neingulo Krome said: “This is not surprising at all. In the past 50-60 years, no military personnel have been prosecuted for the atrocities they committed against our people.”

He also said that security personnel involved in various crimes against the Naga people were often not punished as they were protected by the controversial Afspa law, which gives sweeping powers to security forces to search, arrest and even shoot at people on mere suspicion for maintenance of public order.

In March 2022, the Centre had partially lifted the contentious Afspa law in several pockets of the state, including areas of 15 police stations. Recently, three more police stations in two districts of the state were de-notified from the Act.

“Regardless of whatever assurances they make, the government of India will continue to treat us like this. Justice will never be shown to us,” Krome said.

Naga People’s Front legislator Kuzholuzo Nienu said: “First, justice was delayed (to the Oting victims and their families); now, justice is being denied.”

“When our brothers were taken away from us, the whole world demanded justice. We have been waiting day by day, hoping for justice. And now this... Our hearts are broken,” Nyawang Konyak, a native of Oting village, said.