2021 Nagaland killings: Supreme Court sets aside criminal proceedings against 30 Army personnel

By order dated February 28, 2023, the competent authority had declined to grant the sanction.

“…in view of the specific bar contained in Section 6 of the AFSP Act, 1958 which provides that no prosecution, suit, or other legal proceedings can be instituted except with the previous sanction of the Central government with respect to the exercise of any power conferred under the said Act, the proceedings based on the impugned FIRs cannot continue any further. The interim order, granted by the order dated 19.07.2022, deserves to be made absolute, and the proceedings arising from the impugned FIRs deserve to be quashed”, the court ordered.

Hearing petitions filed by the wives of two of the personnel, the court had on July 19, 2022, stayed the proceedings pursuant to the FIR.

Nagaland Advocate General K N Balagopal told the court that the State has already assailed the correctness of the order dated February 28, 2023, passed by the competent authority, declining sanction under Section under the AFSP Act, 1958. He submitted that if the said writ petition is allowed, and the rejection of sanction is set aside and the Court either grants sanction or for fresh decision by the competent authority, which may ultimately result into a sanction under Section 6 of the AFSP Act, 1958, the proceedings pursuant to the FIR may continue.

Agreeing, the bench said, “We have no manner of doubt that, in case, if ultimately at some stage, sanction is granted under Section 6 of the AFSP Act, 1958, the proceedings pursuant to the impugned FIRs are liable to be continued”.

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