Categories: Other Courts

SUPREME COURT STAYS CRIMINAL PROCEEDINGS AGAINST ARMY OFFICERS ACCUSED OF KILLING CIVILIANS IN NAGALAND AS ‘NO SANCTION UNDER AFSPA OBTAINED’

FacebookFacebookTwitterTwitterEmailEmailWhatsAppWhatsAppLinkedInLinkedInShareShare

The Supreme Court in the case Rabina Ghale and another versus Union of India and others observed and has stayed criminal proceedings against Indian Army Officers accused of killing civilians in Nagaland, while taking into note the mandatory previous sanction as required as stated under Section 6 of the Armed Forces (Special Powers) Act, 1958 has not been obtained.

It was alleged by them that on December 4, 2021, fired at a pickup truck carrying eight miners in eastern Nagaland’s Oting village. Later, a FIRs under Sections 302, 307, 326, 201, 34 with Section 120-B of the Indian Penal Code, 1860 were lodged in connection with this incident. Following this incident, it was held by the special session of Nagaland Assembly that “unanimously resolved” to demand the Government of India to repeal Armed Forces Special Powers Act, 1958 specifically from Nagaland, from the North East.

Last month, in the Charge sheet filled by the Nagaland Police, Thirty Indian Army personnel, including a Major.

By filling a writ petition, some of the wives of these officers had approached the Apex court, seeking quashing of Suo Moto FIR against the officers.

While considering these petitions, the court noted that the Armed Forces (Special Powers) Act, 1958 is applicable to the place in Nagaland where the incident took place. As stated under Section 6 of the Armed Forces (Special Powers) Act, 1958 stipulates that ‘No prosecution, suit or other legal proceedings shall be instituted except with the previous sanction of the Central Government and against any person in respect of anything done or purported to be done in exercise of the powers conferred by this Act.

The Additional Solicitor General informed the bench that no previous sanction has been granted by the Central Government and that the question of sanction is awaiting consideration at the appropriate level.

In its order, the bench observed that in view of the admitted position that mandatory previous sanction as required under Section 6 of the Armed Forces (Special 4 Powers) Act, 1958 has not been obtained and the court is constrained to pass an interim order staying further proceedings pursuant to 2021 for FIR No. 27 of chargesheet/Final Report of the Special Investigation Team.

Accordingly, it was noticed by the court that the similar writ petition has been entertained by close family members of officers of the Indian Army.

The post SUPREME COURT STAYS CRIMINAL PROCEEDINGS AGAINST ARMY OFFICERS ACCUSED OF KILLING CIVILIANS IN NAGALAND AS ‘NO SANCTION UNDER AFSPA OBTAINED’ appeared first on The Daily Guardian.

- -

Recent Posts

SC Ruling Paves Way For Visually Impaired Judges; Yavnika Shares Her Experience

Supreme Court recently opened up the doors for visually impaired candidates in judiciary by striking…

1 day ago

Supreme Court To Hear Plea To Debar Poll Candidates Charged For Serious Offences On Mar 18

The Supreme Court is set to hear a plea on March 18 that seeks to…

1 day ago

Bombay HC Grants Pension Benefits To Former Judge Pushpa Ganediwala

The Bombay High Court has ruled in favor of former Additional Judge Pushpa Ganediwala, granting…

1 day ago

Bombay HC Sets Aside Complaint Against Kailash Kher For Hurting Religious Feelings

The Bombay High Court has dismissed a complaint against singer Kailash Kher, which alleged that…

1 day ago

Uttarakhand HC Stays Proposed Felling Of 3,300 Trees In Shivalik Elephant Reserve

The Uttarakhand High Court has put a temporary halt on the felling of 3,300 trees…

2 days ago

“Notify Posts For Special Education Teachers By March 28”: Supreme Court To States, UTs

The Supreme Court has directed all states and Union Territories to notify the sanctioned posts…

2 days ago