Centre denies Prosecution Sanction against all 30 accused in Oting killing

April 14, 2023 34 Views No Comment

DIMAPUR, APRIL 14 (MExN): The Nagaland Police has informed that the Department of Military Affairs, Ministry of Defence, Government of India has conveyed its denial to accord Sanction for Prosecution against all the 30 accused in the December 5, 2021 Oting incident where security forces killed 13 civilians.

A press release from Roopa M, IPS, IGP (CID), Nagaland informed that as required by law, the fact of the denial of the Prosecution Sanction has been communicated to the Court of District & Session Judge, Mon by the State Crime Cell Police Station and the SIT.

Following the killing of civilians at Oting by the security personnel, a Special Investigation Team (SIT) of the Nagaland Police was constituted vide a Home Department (Political Branch) order dated December 5, 2021. The SIT after completion of the investigation, on March 24 had sought Sanction for Prosecution from the Department of Military Affairs, Ministry of Defence, Government of India against the accused persons of the Security Forces contingent involved in the incident.

As per procedure upon completion of investigation, pending the receipt of sanction for prosecution, the charge sheet in the case was filed in the District and Session Court, Mon, against the accused persons on December 5, 2022.

The Nagaland Police said that Prosecution Sanction from the Government of India is required for initiating any proceedings against security forces personnel for any actions taken by them while discharging their duties under section 197(2) CrPC and Section 6 of the Armed Forces Special Powers Act (AFSPA).

The Police further pointed out that meanwhile the wives of the accused Security Forces personnel had also approached the Supreme Court for a stay of the proceedings in the case. The Apex Court vide an Interim order dated July 19, 2022 had stayed any further proceedings in the case.

It may be noted that the killing occurred during a covert counter-insurgency operation that claimed 14 lives— 13 civilians and 1 commando of the 21 Para (SF). In the botched operation, 8 civilians travelling in a pickup were ambushed, killing 6 on the spot and 2 others critically wounded. As per the SIT report, the ambush occurred in the evening, around 4:20 pm, in the Oting-Tiru area of Mon district. The victims were coal miners returning home from the coal-rich Tiru valley bordering Assam.

The ambush set the stage for more violence, some 5-6 hours later, when angry villagers confronted the commandoes, who, as widely reported, were trying to conceal the dead bodies of the 6 victims. In the deadly confrontation, 7 more civilians were gunned down, while the commandoes also incurred losses, with 14 wounded, 1 fatally, as they retreated to cross the inter-state border into Assam.

The effect reverberated in Mon town the next day on December 5, in which a civilian protestor succumbed to firing from security personnel. The events of December 5 were however not covered by the terms of reference of the SIT.

As revealed by the Nagaland DGP in June, 2022, the SIT completed its inquiry and submitted the report to the state government sometime in March to subsequently charge 30 soldiers (1 Major, 2 Subedars, 8 Hav/THM, 4 Nk, 6 L/Nk and 9 Paratroopers) of the 21 Para (SF). The charge was filed at the District and Sessions Court, Mon, on May 30.

As the case involved Army personnel in a state where the controversial Armed Forces (Special Powers) Act (AFSPA) is in operation, the SIT sought prosecution sanction from the Department of Military Affairs, at least twice, in April and May. The sanction for prosecution never came.

Concurrently, the Army had also undertaken a ‘Court of Inquiry,’ the facts/findings of which remain beyond the public domain. The 21 Para (SF) had also filed a police complaint on December 11, 2021 at the Tizit Police Station to investigate the death of the Para commando and the assault on other personnel of the 21 Para (SF) and loss of government property.