Supreme Court quashes criminal cases against 30 army personnel in connection with botched Nagaland operation in 2021

New Delhi: The Supreme Court on Tuesday quashed criminal proceedings against 30 Army personnel accused of killing 13 civilians in a botched operation to oust militants in Nagaland's Mon district in 2021. It also said the case could be taken to its logical conclusion if the central government approves their prosecution.

A bench comprising Vikram Nath and PB Varale also said the order would not prevent the Army from taking disciplinary action against the personnel.

The government of Nagaland has challenged the denial of prosecution against the army officer in a separate proceeding.

The Supreme Court quashed proceedings on two separate petitions filed by the wives of officers, including a senior officer, seeking quashing of the case filed by the Nagaland police.

The wives demanded that the criminal proceedings be dropped on the grounds that the state government did not have the power to prosecute the relatives due to the immunity granted to it under the Armed Forces Special Powers Act (AFSPA).

In their plea, they argued that prior approval of the Central Government was required for initiating any legal proceedings against army personnel if the area falls under AFSPA.

In April last year, the central government refused to authorise the prosecution of army personnel allegedly involved in the botched ambush in Oting in the state's Mon district.

The state government has moved a separate petition in the Supreme Court challenging the denial of prosecution of 30 army personnel. A bench headed by Chief Justice DY Chandrachud has issued a notification in this regard.

The Nagaland government claims it has strong evidence against the army personnel, including a major, yet the central government arbitrarily denied permission to prosecute them.

In July 2022, the Supreme Court stayed the prosecution of the army special forces members at the request of their wives, who claimed that their husbands were being prosecuted without the state obtaining the mandatory permission for prosecution.