Army men can’t be prosecuted for Murder unless Sanction is obtained under AFSPA: Supreme Court Order.

The Supreme Court has observed and put an interim stay order on the criminal proceedings against the Army Men who are being prosecuted for Murder of civilians in Nagaland where the preliminary sanction is not obtained under AFSP.

On 4th December 2021, an incident had taken place in the Oting village of East – Nagaland in which the army men had fired on a truck carrying eight miners which led 6 fatalities. The incident flared up leading to more killings and also killing of one of the Army personnel. It is also stated that a finger of the husband of one of the wives, the writ petitioner in writ Petition was also chopped off. Suo moto FIR was filed against the personnel of 21 PARA(SF),

The counsel for the petitioner contended that as per Section 6 of the Armed Forces (Special Powers) Act, 1958. No prosecution, suit or other legal proceedings shall be instituted without the previous sanction of the Central Government against any person of the Armed Forces.

On enquiry by the court, the learned Additional Solicitor general submitted a report that no sanction has been granted under Section 6 of AFSP in awaiting matter and it was under consideration. The Court Observed this circumstance and passed and interim order staying further proceedings pursuant to FIR of the Special Investigation Team/Chargesheet.


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