The criminal laws set into motion against Army personnel through FIRs for the unwarranted, irrational and inhumane killing of 14 innocent civilians at Oting village, Mon district, Nagaland on 4th and 5th December 2021 have been closed by the Hon’ble Supreme Court of India vide Judgment dated 17.9.2024. The aggrieved wives of the Army personnel involved approached the Apex Court invoking a writ of certiorari. The outcome of the Judgment stems from the failure to secure sanction (permission) from the Central Government to prosecute the Army personnel as mandated by Section 6 of the Armed Forces (Special Powers) Act, 1958 (the Act in brevity). However, the Supreme Court has also ruled that should the required sanction be granted at any stage, the proceedings in relation to the impugned FIRs may resume and continue in accordance with the law and be brought to a logical conclusion.
During the pendency of the aforementioned writs, vide Order dated 28.3.2023, the competent authority declined to provide sanction under Section 6 of the Act. The State of Nagaland has challenged this order before the Supreme Court in Writ Petition (Criminal) Diary No. 17297/2024. The validity of the rejection is now set to be adjudicated by the Apex Court.
India, as a Union of States, is constitutionally obliged to protect, preserve, and promote the rights, privileges and lives of all its citizens, regardless of caste, sex, race, community, religion or region. The draconian Act, a colonial-era law originally enforced to suppress India’s freedom movement, has been adopted and implemented by the Government of India in the State of Nagaland for over six decades, granting arbitrary authority to the Army under the pretext of ‘internal disturbance.’
As a signatory to the Universal Declaration of Human Rights (UDHR), the killing of innocent civilians by its security force violates every humanitarian principle putting India’s commitment to world peace in questionable. That being so, India must rise above policies of control and suppression, delivering justice to its citizens. The refusal of the Central Government to sanction the prosecution of the Army personnel mocks the fundamental right to life and personal liberty guaranteed under Article 21 of the Constitution of India. Through the 44th Amendment of the Constitution of India, it has also been held that the provisions of Article 21 cannot be suspended even during a proclamation of emergency.
While the bravery and sacrifices of our soldiers, particularly those in the Army, in ensuring the safety and protection of the nation are commendable, it is essential to recognise that their fundamental role is to safeguard the life and rights of citizens. In the case of Parmanand Katara vs. Union of India, the Hon’ble Supreme Court held that the preservation of human life is paramount and once lost, it cannot be restored. It was further laid down that the right to human dignity is not restricted to living people but also available after death. The victims in Oting incidents were daily wage earners. They were heading home after work when they were attacked and killed by the Army personnel. Thus, they deserve every representation and justice must be duly served even after death.
“Rule of Law” is the backbone of democracy. Therefore, in any democracy, “Rule by Law” is absolutely unacceptable. Thus, in the interest of justice, the Central Government should grant the necessary sanction to prosecute the Army personnel involved, allowing the legal process to take its due course.
C Talimoa,
B.A. (Hons.), LL.B.
Chief Advisor, Nagaland Law Students’ Federation
ctalimoa7777@gmail.com
