Supreme Court: In a writ petition filed by the State of Nagaland seeking sanction to prosecute 30 Indian Army personnel who were accused of killing 13 civilians during a botched-up military operation in the Mon district in December 2021, the three Judge Bench of Dr. DY Chandrachud, CJI, J.B. Pardiwala, and Manoj Misra, JJ. issued notice to the Ministry of Defence, returnable in six weeks.
It was alleged that in 2021, the Army personnel had fired at a pickup truck carrying miners in eastern Nagaland’s Oting village. Thereafter, a case was registered under Sections 302, 307, 326, 201, 34 with Section 120-B of the Penal Code, 1860.
The State of Nagaland has challenged the decision taken by the Union Government on 28-02-2024 to refuse sanction under the Armed Forces Special Powers Act, 1958 for the prosecution.
[The State of Nagaland v. Ministry of Defence, 2024 SCC OnLine SC 1750, decided on 15-07-2024]
Advocates who appeared in this case :
For Petitioner(s): K N Balgopal Adv.Gen., Nagaland, S. Mahendran, AOR, Nithya Nambiar, Adv., Vitso Reo, Adv., Priyawa Hans, Adv.
Buy Penal Code, 1860 HERE
