2021 Mon Civilian Killings: SC closes case against 30 Armymen, says ‘may be taken to logical end if…’

Mon Killings 2021: On Tuesday, the Supreme Court concluded the criminal proceedings against 30 Army personnel involved in a 2021 botched operation that resulted in the deaths of 13 civilians in Nagaland's Mon district.

The court's ruling stipulates that while the criminal proceedings are closed, the case could be revisited if the Centre grants permission for prosecution. Additionally, the order does not preclude the Army from undertaking any internal disciplinary measures against the involved personnel.

The decision came in response to two petitions filed by the wives of the accused, including a major, who sought dismissal of the criminal case initiated by the Nagaland police.

They argued that under the Armed Forces Special Powers Act (AFSPA), which grants immunity to military personnel operating in conflict zones, any legal action requires prior sanction from the Central government. The Central government had previously denied such sanction in April 2023.

In a separate but related legal challenge, the Nagaland government has contested the denial of prosecution sanction, arguing that it possesses substantial evidence against the personnel. This petition has prompted a notice from a bench led by Chief Justice DY Chandrachud.

The state's contention is that the Centre's denial was arbitrary and not based on the evidence presented. In July 2022, the Supreme Court had temporarily halted the prosecution process, acknowledging the need for state approval to proceed with legal action against the Army personnel.

2021 Mon Killings in Nagaland

The Mon Killings dates back to 4 December 2021, when an Indian Army team allegedly fired at a pickup truck carrying miners in Oting village in Eastern Nagaland, mistaking them for militants, killing 6 civilians. The Indian Army had initially stated their action to be part of ambush operations on terror outfit in Nagaland.

Eight more civilians were killed after security forces allegedly opened fire after the incident triggered violence in the area.

After Indian Army initially stated that they had killed terrorists in Nagaland, it was reported that all thirteen were innocent civilians.

The action by the personnel came when they were conducting an operation in the area after receiving inputs on the movement of militants of Yung Aung faction of proscribed outfit NSCN (K).

Controversy around 2021 Mon Killings

On 11 June 2022, the Nagaland police registered five cases and named 30 Army Special Forces soldiers in a chargesheet over the killings of 13 civilians in the botched anti-insurgency operation last year.

Nagaland DGP TJ Longkumer had informed that according to the probe, the operations team of 21 Para Special Forces did not follow the standard procedure and rules of engagement.