Supreme Court sets aside criminal proceedings against army personnel in 2021 Nagaland civilian killings

The top court’s order came as a relief to 30 Army personnel, including a Major, on a petition filed by the wives of three officers who questioned the authority of the Nagaland government to initiate criminal proceedings in violation of Section 6 of the Armed Forces Special Powers Act, 1958 (AFSPA). Under this law, prior sanction by Centre is required to initiate any criminal proceedings against Army officers.

The Centre had rejected the grant of prosecution sanction against the personnel on February 28, 2023. On Tuesday, the Supreme Court bench of justices Vikram Nath and PB Varale, cited this ground alone to allow the petitions filed by Rabina Ghale, Tulsi Devi and Anjali Gupta.

The bench said, “The proceedings pursuant to the impugned FIRs shall remain closed. However, in case sanction is granted at any stage under Section 6 of the AFSP Act, 1958, the proceedings pursuant to the impugned FIRs may continue and may proceed in accordance with law and be brought to a logical conclusion.”