2021 botched Nagaland operation: Supreme Court quashes cases against army officials | Latest News India

“The appeals are allowed. The proceedings in the impugned FIRs [first information reports] should remain closed,” a bench of Justices Vikram Nath and PB Varale said. The bench added that its order did not prevent the Army from taking disciplinary action against the personnel.

The wives of the dependents, including a major, filed separate petitions demanding that the criminal proceedings be dropped. They argued that the Nagaland government did not have the power to prosecute the dependents, citing immunity under the Armed Forces Special Powers Act (AFSPA). Prior permission from the Union government is required for any legal proceedings against the armed forces operating in areas where the AFSPA is implemented.

The Union government in February 2023 refused to prosecute the 30 army personnel involved in the botched operation. The Nagaland government insisted before a state court that it was justified in initiating criminal proceedings against the personnel as the army was demanding their release for their court martial proceedings.

The state government's appeal against the denial of prosecution of the staff is pending before a court headed by Chief Justice of India Dhananjaya Y Chandrachud.

The Supreme Court stayed all proceedings against the 30 employees in July 2022 on the grounds that the area where the botched operation took place fell under the AFSPA.

In 2021, army personnel shot dead seven miners after mistaking them for insurgents. Angry residents rushed to the scene and set fire to two security vehicles, sparking another shootout that left more civilians and a soldier dead.

The botched operation has renewed calls for the withdrawal of the AFSPA, which is based on the colonial-era ordinance that gives the armed forces special powers to maintain law and order in “disturbed areas”. The AFSPA has come under intense scrutiny as it gives sweeping powers to the armed forces and prohibits prosecutions without the Union government's approval if the allegations are related to official duty.

A special investigation team of the Nagaland Police recommended prosecution of the 30 Army personnel under Sections 302 (murder), 307 (attempt to murder), 326 (causing hurt), 201 (destruction of evidence) read with 120B (criminal conspiracy) of the Indian Penal Code and initiation of disciplinary proceedings.

In one of the petitions seeking quashing of the criminal proceedings, the SIT was accused of leaking personal information about the army personnel, making their family members “easy targets”. The petitioners invoked Section 6 of the AFSPA, which deals with sanctions imposed by the Union government.

Nagaland Attorney General KN Balgopal insisted that this was clearly a case of cold-blooded murder of unarmed, innocent Naga tribals without any provocation.