Wuzu Firing Incident: A decade after, justice still elusive

Lack of prosecution sanction under AFSPA hinders progress

Morung Express News
Kohima | February 25

On July 16, 2015, two young students died and another woman was injured with ‘permanent damage’ following an alleged firing incident by the Assam Rifles and 12 Para Commandos in Wuzu village, then under Phek District.

Nearly a decade later, the search for justice for the victims remains elusive due to the lack of prosecution sanction from the Central government as required under the Armed Forces (Special Powers) Act, 1958.

When the matter was heard during a writ petition (Criminal) at the Gauhati High Court Kohima Bench (GHCKB) in February 24, the issue of ‘prosecution sanction’ came to the fore again.

The petition was filed in 2024, seeking appropriate directions from the Court, contending that even after more than eight years, prosecution sanction had not been granted and adequate compensation had not been provided to the victims’ families.

It must be noted here that the State Government had constituted a single-member inquiry commission headed by Veprasa Nyekha, a retired district & sessions judge, in November 2015 with directions to submit the report within one month from the date of publication of the notification.

However, the submission deadline kept extending thereafter, and the report is yet to be made available in the public domain.

Meanwhile, during the hearing of the present case, the High Court on several occasions directed the State Government to place before the Court the report of the Wuzu Enquiry Commission.

After seeking extensions several times, the State counsel on Monday finally produced a copy of the report as sought by the Court.

The Central Government Standing Counsel (CGSC) also produced before the Court a copy of the letter dated October 15, 2024, written by the Additional Director General of Police, Nagaland, to the Home Commissioner, Nagaland, Kohima.

The letter had proposed according prosecution sanction for the case.

However, the Court held that the accused is an “army personnel” and the prosecution sanction needs to be accorded by the Union Home Ministry and not the Government of Nagaland.

Thus, the single-Bench judge, Justice Yarenjungla Longkumer, directed the Investigating Officer (IO), through the Director General of Nagaland, to make a fresh application before the Central Government for the grant of prosecution sanction against the accused persons within a period of three weeks.

She also directed the furnishing of the report of the Commission as well as a copy of the October 15 letter to the counsel for the petitioner and listed the matter for further hearing after four weeks.

It must be noted here that on September 12, 2024, the GHCKB also issued a similar direction while adjudicating a Criminal Revision petition filed by the Inspector General of Assam Rifles challenging an order dated April 9, 2021, passed by the Court of Sessions Judge, Phek, arising out of the same incident.

The petition then called for quashing and setting aside the April 9 order as well as the proceedings of GR case no. 46/2015 arising out of Meluri PS case no. 06/2015 under sections 302/307/338/166/34 IPC pending before the said Court.

In its ruling, the Court held that in view of the provisions of section 6 of AFSPA and subsection 2 of section 197 of the Cr.P.C, as well as the decision of the Supreme Court on such matters, the trial of the criminal case against the accused person, who is an army personnel, cannot proceed without obtaining prior prosecution sanction.

Accordingly, it disposed of the petition, granting four months’ time from the date of obtaining a certified copy of this order to obtain prosecution sanction against the accused.

The State respondent, through the IO of the case, is also at liberty to make a fresh application before the Central government for the grant of prosecution sanction against the accused, it added.

“Considering that the matter is pending at the stage of obtaining prosecution sanction since 2016, it is made clear that, in the event of failure to obtain prosecution sanction against the accused within the given four months’ time as above, the case of the accused shall be tried by the Court Martial in accordance with law,” the September 12, 2024, order added.

Background
The case pertains to a firing incident on July 16, 2015, in Wuzu village, then under Phek district, leading to the death of two minors and injury to a woman.

The incident reportedly occurred while the armed forces personnel were returning with the bodies of two NSCN (K) cadres killed in an operation at Avangkhu. There are competing narratives as to what led to the firing incident.

The villagers, thereafter filed an application at the Meluri Police Station to register an FIR, and concurrently the Assam Rifles also filed an FIR.

After the completion of the investigation, the IO submitted a chargesheet against the accused for offences under Sections 302, 307, 338, 166, and 34 of the IPC, Court’s records informed. 

As per reports citing the State DIPR, the State Government also constituted the “Wuzu Firing Incident Inquiry Commission” after taking a “very serious view of the incident” and being satisfied that it was a matter of public importance involving law and order in the State.

The terms of reference for the Commission were: the causes and source of the firing which led to the death of two minor children and injury to one woman; the person(s) responsible for the firing; and whether the incident could have been avoided.