Nagaland Govt’s Oting Killings Petition Likely to Be Heard in Supreme Court on Jan 21

Kohima: The Supreme Court is expected to resume hearing a petition filed by the Nagaland Government concerning the Oting killings, challenging the Union Government’s refusal to grant sanction to prosecute army personnel allegedly involved in the incident. The case is tentatively scheduled for January 21, 2025, according to details on the apex court's website.

The petition argues against the Ministry of Defence and the Union of India for denying prosecution sanction, despite findings from a Special Investigation Team (SIT) set up by the state following the December 4, 2021 killings in Oting village, Mon district. The SIT report highlighted procedural violations, including the absence of mandatory warnings before firing.

The incident occurred during a counter-insurgency operation by the 21 Para SF unit, which mistakenly ambushed a pickup carrying coal miners, killing six on the spot and critically injuring two others. Villagers discovered the botched operation and confronted the commandos, leading to further violence that left seven more civilians dead. The subsequent protests on December 5 saw another civilian killed by security personnel.

The Nagaland Advocate General’s office revealed that the state government instructed its legal team to pursue the matter in the Supreme Court. The petition highlights intelligence lapses and the refusal of the Central Government to sanction prosecution, citing AFSPA protections.

Previously, in September 2024, the Supreme Court quashed criminal proceedings against 21 Para SF personnel, citing AFSPA immunity. However, the Court clarified that if sanction for prosecution is granted in the future, proceedings could resume under the law.

The Oting killings sparked nationwide outrage, drawing attention to AFSPA and the legal protections it affords security forces in counter-insurgency operations. The upcoming hearing is pivotal for justice and the ongoing debate on the balance between security and accountability.

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