‘Insult to memory of victims’: Supreme Court order on Oting killings reopens old wounds

On December 4, 2021, a portion of 21st Para Special Forces of the Army, successful a lawsuit of “mistaken identity”, fired astatine a pickup motortruck successful which 8 miners from Oting successful Mon territory were travelling. While six died connected the spot, 2 survived. Seven much civilians, and 1 information personnel, died successful retaliatory violence.

Following the incident, which caused wide nationalist outrage successful the authorities and successful the region, the Nagaland authorities formed a Special Investigation Team (SIT) to probe the matter. The SIT successful May 2022 filed a chargesheet indicting each 30 unit of the 21st Para SF unit, including a Major-rank officer, nether IPC sections related to murder, effort to execution and demolition of evidence, among others, pending prosecution sanction. However, without the authorisation to prosecute from the Centre — a precondition to initiate enactment against information unit successful areas which are nether AFSPA — the ineligible process could not proceed further. In February 2023, the Department of Military Affairs nether the Ministry of Defence denied authorisation for prosecution.

Referring to this, the Supreme Court ruled connected September 17 that “the proceedings from the impugned FIRs merit to beryllium quashed”.

The court’s determination has shattered the hopes of the radical awaiting justness successful the case. “The horrific incident, which claimed the lives of our chap villagers, remains a achy scar successful the hearts of the full community. We had hoped for justness and accountability for the senseless and brutal nonaccomplishment of our people. This determination to absolve those liable without holding them accountable is not lone disheartening but besides an insult to the representation of the victims and their grieving families,” the Oting Students’ Union said successful a statement.

“The radical of Oting, and Nagaland arsenic a whole, person ever believed successful the judiciary’s relation successful upholding justice, particularly for the astir vulnerable… We are near with heavy sorrow and a consciousness of abandonment, arsenic the closure of the lawsuit fails to code the injustice and trauma inflicted connected our community,” it said.

Earlier this year, the Nagaland authorities had challenged the Centre’s refusal to assistance authorisation for prosecution successful the Supreme Court. However, it has not issued immoderate connection connected the caller development. The authorities government’s spokespersons, Temjen Imna Along and C.L. John, did not respond to calls and messages seeking comment.

Keapwang Konyak, a nonmigratory of Oting and a person of immoderate of those who had been killed successful the incident, said they had hoped that the authorities and the Central governments would beryllium capable to assistance them. “We were hoping that thing would beryllium done by the authorities to marque definite that instrumentality and bid takes its course… We thought the authorities could bash something,” helium said.

The NSCN (IM), the largest rebel outfit successful Nagaland, called the determination a “denial of justness to the victims.”

The Army had initiated an autarkic Court of Inquiry to analyse the incident. In May 2022, it said it had completed its enquiry but had not decided connected the enactment forward. In December 2022, apical Army sources told The Indian Express that they could not “proceed” successful the substance arsenic the lawsuit was “sub judice”.