Guwahati, July 16: The Supreme Court today issued a notice to the Centre following a writ petition from the Nagaland government. The petition challenges the Centre’s refusal to grant prosecution sanctions for 30 Indian Army personnel involved in a December 4, 2021, incident.
On that day, an Army team allegedly fired at a pickup truck carrying miners in Oting village, Eastern Nagaland, mistaking them for militants and killing six civilians. Subsequent violence led to the deaths of eight more civilians when security forces allegedly opened fire.
In response, the Nagaland Assembly, in a special session, unanimously resolved to demand the repeal of AFSPA from Nagaland. The state challenged the Centre’s February 28 decision to deny prosecution sanctions under the Armed Forces Special Powers Act, 1958 (AFSPA).
A three-judge bench led by Chief Justice of India D Y Chandrachud has given the Centre six weeks to file its response.
The Nagaland government asserts in its petition that the Nagaland police investigation has gathered evidence, leading to the filing of a charge sheet. In July 2022, the Supreme Court stayed the criminal prosecution against the accused officials, noting that sanction under AFSPA had not been obtained.
Prosecution sanctions are required under AFSPA, but the Centre has so far denied permission.
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