Defence Ministry Refuses Prosecution Sanction Against Accused

HT Correspondent

DIMAPUR, April 13: The military affairs department of the defence ministry denied prosecution sanction against all the 30 security forces personnel accused in the killings of civilians at Oting in Mon district of Nagaland on December 5, 2021. This was communicated to the Mon district and session judge court by the Nagaland police’s crime cell police station and the special investigation team (SIT) constituted by the state government to probe the killings, DIG (CID) said in a release here.

Thirteen civilians were killed in a botched operation by the security forces at Oting on December 5, 2021, and another person was killed the following day in subsequent violence in Mon.

An SIT of the Nagaland police was constituted by the home department (political branch) in an order on December 5, 2021. The SIT after completion of the investigation on March 24, 2022, had sought sanction for prosecution from the military affairs department of the defence ministry against the accused persons of the security forces contingent involved in the incident, the release said.

It said as per procedure upon completion of the investigation, pending the receipt of sanction for prosecution, the chargesheet in the case was filed in the Mon district and session court against the accused persons on May 30, 2022.

The release said prosecution sanction from the government of India is required for initiating any proceedings against security forces personnel for any actions taken by them while discharging their duties under section 197(2) CrPC and Section 6 of the Armed Forces Special Powers Act (AFSPA).

It added that the wives of the accused security forces personnel had also approached the Supreme Court for a stay of the proceedings in the case. The apex court vide an interim order dated July 19, 2022, had stayed any further proceedings in the case.