The Supreme Court has issued a notice to the Centre and the defence ministry regarding the Nagaland government’s petition challenging Delhi’s refusal to accord sanction for the criminal prosecution of 30 army personnel allegedly involved in the killing of 13 civilians during an operation to hunt down militants.
A bench of Chief Justice of India D.Y. Chandrachud and Justices J.B. Pardiwala and Manoj Misra, while seeking a response from the authorities, posted the matter for further hearing after six weeks. It will hear the matter on September 3.
“Delay condoned. Issue notice, returnable in six weeks,” the apex court said in an order on Monday.
The government of Nagaland has filed the appeal under Article 32 of the Constitution, assailing the refusal of the Centre in April last year to accord sanction for the prosecution of the 30 army personnel.
Earlier in July 2022, the apex court had stayed the criminal prosecution of the army personnel after the family members of the accused persons filed a petition challenging their criminal prosecution on the ground that no prior sanction was obtained from the Union government as stipulated under the Armed Forces Special Powers Act, 1958.
The alleged botched-up operation by the army took place on December 4, 2021, at Oting village when personnel fired at a truck carrying miners mistakenly on the belief that they were militants.
The Nagaland government has claimed that following the incident, it had constituted a special investigation team (SIT), which after an elaborate investigation, collected clinching evidence to establish the involvement of army officials, yet the Centre chose not to grant sanction for the prosecution.
Section 6 of the Act states: “No prosecution, suit or other legal proceeding shall be instituted, except with the previous sanction of the Central Government, against any person in respect of anything done or purported to be done in exercise of the powers conferred by this Act.”
In April last year, the Centre had rejected the Nagaland government’s plea for sanction of the army personnel for various offences under the IPC, including Section 302 (murder).
