Ukhrul: On Monday, July 15, the Supreme Court issued a notice to the Union Government regarding a writ petition filed by the State of Nagaland. The petition seeks approval to prosecute 30 Indian Army personnel accused of killing 13 civilians during a botched military operation in Mon district in December 2021.
Must read | Oting massacre: SoP flouted, Cops chargesheet 30 Army men
Nagaland is challenging the Centre’s decision made on February 28 to deny prosecution sanction of the 21 Para Security Force responsible of the gruesome massacre of 13 civilians under the Armed Forces Special Powers Act (AFSPA) 1958.
According to Live Law, “A bench comprising Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra issued a notice to the Ministry of Defence, with a response due in six weeks. The Nagaland State argued that despite having evidence against the accused army personnel, the Centre has refused to grant prosecution sanction. Advocate General KN Balagopal represented the State.”
The Oting killings, widely reported in Indian media and globally, received widespread condemnation from all sections of Naga civil society and the Northeast region. The killing of civilians was termed by many as a misuse and abuse of the Armed Forces (Special Powers) Act, 1958. “The Act violates human rights, and the Naga people have opposed it for decades,” Chief Minister Neiphiu Rio had said.
Eight Oting villagers, who were coal miners and daily wage workers, were returning from a mining site in a pickup truck on Saturday, December 4, 2021, at Oting Tiru. They were brutally ambushed by the 21 Para Special Forces, killing six of them on the spot. Another six civilians died at the hands of security forces after the Army allegedly tried to cover up the crime scene. This was followed by the death of one person at the hands of the Assam Rifles in Mon district on December 5 during a protest against the Oting killings.
As per a Nagaland Police chargesheet, 21 Para SF, including one Major, 2 Subedars, 8 havildars, 4 Naiks, 6 L/Nk and 9 Paratroopers were charsheeted under various sections, including IPC Sections 302 (murder), 120(B) (criminal conspiracy) and 201 (disappearance of evidence) among others.
It may be noted that the former Army Chief General MM Naravane had remarked that Oting village incident was “regrettable” and that it was being thoroughly investigated. The Army General assured that “appropriate action” will be taken, and “corrective measures instituted”, based on the outcome of the investigations.
Also read: Get to know the official report on Oting incident of Dec 4 & 5
A brief report of the Oting killing and the aftermath following the killing of 6 villagers provided by DGP, T John Longkumar (IPS) and Commissioner Nagaland, Rovilatuo Mor (IAS) on December 5, 2021 stated, “On the evening of 4th December around 1610 hrs, where 08 (eight) villagers were returning home from coal mining work at Tiru in a Pickup Truck, they were ambushed and killed by Security Forces reportedly, 21 Para Special Force based in Assam at random, apparently without any attempt for identification. They were all unarmed civilians working in the Coal Mines in Tiru valley and possessed no arms travelling in an open Mahindra Pickup truck in broad daylight but were fired upon and six of them were killed on the spot and two critically injured. This incident happened some few Kilometers away from Oting village.
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