Nagaland: Defence ministry denies prosecution sanction for accused in Oting killings

In a significant development in the Oting killings case, the military affairs department of the defence ministry has refused to grant prosecution sanction against all the 30 security forces personnel accused in the incident. The killings, which occurred on December 5, 2021, resulted in the deaths of 13 civilians in Mon district of Nagaland, with one more person killed in subsequent violence the next day.

The denial of prosecution sanction was communicated to the Mon district and session judge court by the Nagaland police's crime cell police station and the special investigation team (SIT) constituted by the state government to probe the killings, according to a release by DIG (CID).

The SIT had completed its investigation on March 24, 2022, and sought prosecution sanction from the military affairs department of the defence ministry against the accused security forces personnel. However, as per the standard procedure, the chargesheet in the case was filed in the Mon district and session court on May 30, 2022, pending the receipt of the sanction for prosecution.

The release further explained that under section 197(2) CrPC and Section 6 of the Armed Forces Special Powers Act (AFSPA), 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.

In addition, 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, through an interim order on July 19, 2022, had stayed any further proceedings in the case.

The development has sparked outrage and criticism from various quarters, with human rights activists and local organizations condemning the decision of the defence ministry. They have demanded that justice be delivered to the families of the victims and that the accused security forces personnel be held accountable for their actions.

The denial of prosecution sanction is likely to reignite the debate over the controversial AFSPA, which has been in force in parts of northeast India since the 1950s. The law grants special powers to the armed forces to deal with insurgency and other law and order situations in "disturbed areas," but has been widely criticized for its alleged human rights abuses and lack of accountability.