Nagaland civilian killings at Oting: Supreme Court cancels criminal case against Army personnel :::::: "Nagaland Govt had no jurisdiction to prosecute Army personnel under AFSPA"

The Supreme Court on Tuesday, Sept 17, closed the criminal proceedings initiated against 30 army personnel by a Special Investigation Team (SIT) of the Nagaland police in connection with the killing of 14 civilians in the state's Mon district in December 2021. 

One of the petitions for the closure of the criminal proceedings accused the SIT of disclosing personal information about the army personnel, making their family members “sitting targets”. 

The petitioners cited Section 6 of AFSPA which relates to the sanction from the Union government.

Nagaland advocate-general KN Balgopal maintained it was a clear case of cold-blooded murder against unarmed, innocent Naga tribals without any provocation.

"The proceedings in the impugned FIRs shall stand closed. However, if sanction is granted, it may be taken to its logical conclusion. 

On disciplinary action, we have said the Armed Forces can do the needful," the Supreme Court said.

Oting village Old church 

On December 4, 2021, an Army team allegedly fired at a truck carrying miners in Oting village in Nagaland, mistaking them for militants.

The wives of the personnel, including a major, filed separate petitions seeking closure of the criminal proceedings. 

They argued the Nagaland government did not have the jurisdiction to prosecute the personnel citing immunity under the Armed Forces Special Powers Act (AFSPA). 

A prior sanction from the Union government is needed for any legal proceedings against the armed forces operating in areas where the AFSPA is implemented.

This blogger visited far-flung Oting village twice since December 2021.  

Ever since the army paratroopers killed the villagers mistaking mine workers as militants, the angry villagers declared "non-cooperation" with the central government and security forces.

However, the call for a "boycott" of Indian security forces by an influential local body, the Public Organisation, was withdrawn in April 2022, four months later, signaling attempts to patch up.

"The anger is still there, but we have decided to move on. I also tell visitors and my villagers, that it's good to forget the bad phase,” says a 68-year-old resident in February 2024.

The Assam Rifles is a paramilitary force under the federal Home Ministry but its operational works are supervised by top Indian army generals.

"We have heard the night is the darkest before a bright dawn. We have passed through the darkness, and now waiting for the morning... But a lot of things were said and as you know seeing is believing," remarked Nahpo Konyak, a retired schoolmaster.

Konyak’s son Tingshen has been rendered handicapped in the gory incident. However, Indian army officials ensured that Tingshen got quality treatment and recently moved him to nearby Guwahati city in Assam and fitted him with a prosthetic arm.

Journo, Villagers and Assam Rifles: Feb 2024 

"Assam Rifles took corrective steps for the crime done by paratroopers. Nobody in the village was initially willing to talk to any personnel or officers from Indian forces. But life has to move on,” Tingshen said.

“We are on talking terms today. The army has built wells and roads now and even a football stadium. The force is now helping people," said Tingshen.

Soldiers now go around the village. Children greet them affectionately, wave hands, and even crack jokes in Hindi, the national language that the army uses.

A Nagaland government officer said the army and the central government have “done a lot of good work. A good all-season road and effective water supply will help the villagers," he said.

"Now, our focus should be on children's education, life, and career. We have to continue cooperating with the Assam Rifles," said Konyak.

Official sources say the Assam Rifles have taken up various works, including constructing two reinforced concrete cement reservoirs of 150,000 liters. Similar development works were also planned for 2023-24 as well.

Local people say the development projects are probably insufficient to bridge the gap created by 2021's botched operation.

A villager said that the Assam Rifles choir has befriended locals and even performed during a Sunday service. A few Assam Rifles personnel performed at the church and locals congratulated them, he said.

Nevertheless, local Nagas still have their complaints and apprehensions. Several young people said the Armed Forces Special Power Act, which gives excess power to the army, is a draconian law and should be withdrawn from all civilian areas in Nagaland.

"The government and Assam Rifles are investing in building new bonds with the Konyak Naga youth of tomorrow by training selected local boys from Oting and nearby areas for various employment opportunities," one junior government officer said.

Religious polarization or lack of religious freedom are issues being talked about in other parts of India as the parliamentary elections near in the country.

"In our state or our village, there is no immediate threat of Hindu hegemony being imposed on us,” said one social activist, who does not want to publish his name.

However, the government's curbs on foreign funding and donations bother social workers, he added.

The Supreme Court on July 20, 2022, had stayed proceedings against 30 army personnel booked by Nagaland police in connection with the killing of 14 civilians in Mon district in December 2021 in a botched up anti insurgency operation.

The 2022 order was passed by the Bench of Justices Indira Banerjee and V Ramasubramanian. They 'recorded' that the death of a paratrooper during the incident had not been investigated yet, sources said.

The Court was hearing two pleas, one of which was filed by Anjali Gupta, wife of Major Ankush Gupta, who was one of the  army officers booked by the Nagaland Police.

The petitioner sought quashing of the concerned first information report (FIR), the findings and recommendations of the Special Investigation Team (SIT) appointed by the Nagaland government, and all other ancillary proceedings arising  out of the December incident including the complaint filed by the National Human Rights Commission (NHRC).

On Dec. 4, 2021, a special army unit opened fire at a pickup van carrying Konyak Naga coal miners to their village, reportedly mistaking them for armed insurgents.

Six were killed on the spot while seven more civilians and a soldier reportedly died when angry locals clashed with the men from Assam Rifles, leaving many injured.

At least 14 civilians and a soldier were killed in Christian-dominated state in India’s northeast region in what was later called a 'botched up or bungled military operation' that led to retaliatory riots by angry locals.  

Sources said, in 2022 the petitioners prayed before the court that the SIT of Nagaland police and State functionaries had allegedly 'turned a blind eye' to the safety of the accused and their family members by revealing their personal information.

Infra developmental works are on 

A Special Investigation Team of the Nagaland Police recommended criminal prosecution of the 30 army personnel under the Indian Penal Code sections 302 (murder), 307 (attempt to murder), 326 (causing hurt), 201 (destruction of evidence), read with 120B (criminal conspiracy) and disciplinary proceedings.

It goes without stating that the botched operation renewed the demand for the withdrawal of the AFSPA, which is modelled on the colonial-era ordinance and grants special powers to the forces to maintain public order in “disturbed areas”. 

AFSPA has faced much scrutiny as it grants sweeping powers to the forces and prohibits prosecutions without the go-ahead from the Union government if the allegations are linked to duty. 

In northeast after 2022, AFSPA has been relaxed in many places.  

Paradoxically, removal of AFSPA has created hurdles for security forces to operate in some parts of Manipur after the ethnic clash between Kukis and Meiteis was triggered in May 2023.