The Supreme Court of India issued a notice to the government led by Prime Minister Narendra Modi and the Ministry of Defence concerning the 2021 Nagaland Mon killings, a tragic incident where 13 civilians were killed during a misjudged military operation by the Indian Army. The central government has declined to prosecute the 30 Army personnel implicated in the incident.
A bench comprising Chief Justice of India DY Chandrachud, and Justices JB Pardiwala and Manoj Misra took cognizance of the Nagaland government's submissions and subsequently issued notices to the Centre and the Union Ministry of Defence. The court has scheduled the hearing for Nagaland's plea on September 3.
The Mon killings occurred on December 4, 2021, when an Indian Army unit allegedly fired upon a pickup truck carrying miners in Oting village, Eastern Nagaland, mistaking them for militants, resulting in the deaths of six civilians. Initially, the Indian Army claimed the action was part of an operation targeting a terror group in the region. Following the initial incident, eight more civilians were killed when security forces allegedly opened fire after violence erupted in the area. Reports later confirmed that all 13 victims were innocent civilians.
On June 11, 2022, the Nagaland police registered five cases and named 30 Army Special Forces soldiers in a chargesheet regarding the killings. Nagaland DGP TJ Longkumer stated that the investigation revealed the 21 Para Special Forces team did not adhere to standard procedures and rules of engagement.
In April 2022, the Central government denied permission to prosecute the Army personnel involved in the incident. In response, the Nagaland government filed a writ petition under Article 32 of the Constitution, alleging a violation of fundamental rights. The state, having filed an FIR, asserted that it possessed compelling evidence against the Army personnel, including a Major, yet the Centre arbitrarily denied prosecution sanction.
In July 2022, the Supreme Court had stayed the prosecution of the Army personnel following pleas from the accused soldiers' wives, who argued that the prosecution was being pursued without the mandatory sanction from the state.
The 2021 Mon killings intensified calls for the repeal of the Armed Forces (Special Powers) Act (AFSPA) in Nagaland. In a special session following the incident, the Nagaland Assembly unanimously resolved to demand the Centre repeal AFSPA from the state.
The Supreme Court's recent action represents a significant step in addressing the legal and human rights issues arising from the 2021 Mon killings.
