September 17, 2024: The Supreme Court of India has put an end to the criminal proceedings against the army personnel involved in a failed counter-insurgency operation in Nagaland’s Mon district, which resulted in the deaths of 14 people in December 2021. On Tuesday, Justices Vikram Nath and P.B. Varale ruled that the criminal cases against the soldiers should be closed. However, the court specified that the case could be reopened if the Union government grants approval for prosecution.

“The appeals are allowed. The proceedings in the impugned FIRs [first information reports] shall stand closed,” the bench stated. The court emphasized that its decision does not preclude the army from initiating any internal disciplinary measures against the personnel involved.

The case stemmed from a botched military operation that led to significant civilian casualties. The Nagaland government had moved to prosecute the 30 army personnel implicated in the incident. However, under the Armed Forces Special Powers Act (AFSPA), which provides certain protections to military operations in conflict zones, prosecuting such personnel requires prior sanction from the Union government.

In February 2023, the Union government denied the request for prosecution. The Nagaland government had argued that it was within its rights to pursue criminal charges, particularly since the army sought the release of the personnel for a court martial.

The Supreme Court’s ruling reflects the complex legal and jurisdictional issues involved, balancing the provisions of AFSPA with the need for accountability in high-stakes military operations.