Supreme Court notice to Centre over Nagaland’s plea to prosecute 30 Army personnel for killing 13 civilians in Mon

Mon Killings 2021: The Supreme Court of India has issued a notice to the Prime Minister Narendra Modi-led government and the Ministry of Defence regarding the 2021 Nagaland Mon killings, where 13 civilians were murdered in a botched-up operation by the Indian Army. The Centre has declined to prosecute the 30 Indian Army personnel accused.

The 2021 Mon Killings refer to a tragic incident in Nagaland where thirteen civilians lost their lives during a military operation aimed at ambushing militants in the state.

A Supreme Court bench comprising Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra took note of the Nagaland government's submissions and issued notices to the Centre and the Union Ministry of Defence.

The bench has now fixed Nagaland's plea on 3 September.

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.

Legal Proceedings in Mon Killings

In April 2022, the Central government had denied sanction to prosecute the Army men who were allegedly involved in the botched up ambush at Oting in Mon district of the state.

The state government has filed the writ petition under Article 32 of the Constitution. A plea under this Article can be filed alleging violation of fundamental rights.

The state, which had filed an FIR, claimed it has clinching evidence against the Army personnel, including a Major, and yet the Centre has arbitrarily denied sanction to prosecute them.

In July 2022, the Supreme Court had stayed prosecution of the Army personnel belonging to a special forces on the pleas from the wives of the accused, who claimed that their husbands were being prosecuted without the state obtaining mandatory sanction for prosecution.

Repeal AFSPA in Nagaland

After the 2021 Mon Killings by the Indian Army, the Nagaland Assembly in a special session “unanimously resolved” to demand the Centre to repeal AFSPA from Nagaland.