New Delhi: The Supreme Court has issued a notice to the Centre over a writ petition filed by the Nagaland government relating to the Oting massacre.
The apex court on Monday admitted a petition filed by the state government challenging the Centre’s order that denied sanction for the prosecution of 30 Armymen who allegedly killed 13 civilians in a botched-up operation in Nagaland’s Mon district in December 2021.
A bench, led by Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra, has given the Ministry of Defence six weeks to respond to the notice.
Nagaland’s Advocate General KN Balagopal said that though state police had clinching evidence, the Centre had arbitrarily refused to accord sanction for their prosecution under the Armed Forces Special Powers Act (AFSPA).
The incident took place on December 4, 2021, when the Army’s counter-insurgency unit opened fire at civilians mistaking them for militants, following an intelligence tip-off on the likely movement of militants. Those fired on were residents of Oting village who were returning home in a pick-up van after work at a coal mine.
This led to the filing of FIRs under various sections of the Indian Penal Code (IPC).
In July 2022, the Supreme Court had stayed the criminal prosecution against the accused officials, noting the absence of sanction under AFSPA.
Following the incident, the Nagaland Assembly unanimously called for the repeal of AFSPA from the Northeast, particularly from Nagaland.
