Many have referred to the Supreme Court’s decision this week to close all proceedings in an FIR against 30 Army personnel who are suspected of killing six civilians in Nagaland’s Oting village three years ago as a “insult to the memory” of the victims and their families, shattering the residents’ hope for justice.
Union Home Minister Amit Shah has received a letter from the Naga Students’ Federation requesting approval for the case’s prosecution and the state’s revocation of the AFSPA. The students’ body stated, “The Oting incident is not merely an isolated act of violence but a reflection of a systemic injustice that has persisted under the draconian Armed Forces Special Powers Act, 1958… It is time the Government of India revokes AFSPA from the Naga homeland. The Oting incident stands as a glaring example of how AFSPA is used to shield perpetrators of violence against innocent civilians, deepening the wounds of conflict and alienation”
On December 4, 2021, eight miners from Oting in the Mon district were traveling in a pickup truck when a unit of the Army’s 21st Para Special Forces opened fire in a case of “mistaken identity.” Two people survived, while six perished instantly. In retaliatory violence, one security officer and seven additional people perished.
The Nagaland government established a Special Investigation Team (SIT) to look into the occurrence, which sparked large-scale public indignation in the state and surrounding area. In May 2022, the Special Investigation Team (SIT) filed a chargesheet indicting all 30 members of the 21st Para SF unit, including a Major-rank officer, under several IPC provisions pertaining to attempted murder, murder, and evidence destruction, while the prosecution awaited approval. However, the legal process could not move forward without the Center’s approval to prosecute, which is a requirement to take action against security personnel in areas covered by AFSPA. The Ministry of Defence’s Department of Military Affairs rejected prosecution authorization in February 2023.
The Supreme Court decided on September 17 that “the proceedings from the impugned FIRs deserve to be quashed” in reference to this.
The people hoping for justice in this case have had their expectations dashed by the court’s ruling. “The horrific incident, which claimed the lives of our fellow villagers, remains a painful scar in the hearts of the entire community. We had hoped for justice and accountability for the senseless and brutal loss of our people. This decision to absolve those responsible without holding them accountable is not only disheartening but also an insult to the memory of the victims and their grieving families,” stated Oting Students’ Union.