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It’s been three years and nine months since 14 innocent civilians were killed by the 21 Para Special Forces at Oting village in December 2021, triggering outrage from across the country, but justice has been denied to the victims till date. Following the tragic firing incidents, an FIR was lodged, before the government of Nagaland formed a Special Investigation Team (SIT) to probe the matter and the Army initiated an independent Court of Inquiry to investigate the same. However, the urgency displayed during the initial days was followed by the beginning of the long and winding road to justice. Despite the completion of the investigation by the SIT and the naming of 30 Indian army personnel in its charge sheet, the Centre refused to sanction prosecution against the accused in the case and the Supreme Court stayed the prosecution on the pleas of the army personnel’s wives. In the face of this predicament, the government of Nagaland filed a writ petition under Article 32 of the Constitution, challenging the move of the Indian government, following which the apex court issued a notice to the Ministry of Defence and the Ministry of Home Affairs in connection with the case a few days ago. This has earned praise for the state government, with civil organisations acknowledging the commitment to justice. The government of the day has indeed stood its ground and kept the case alive when the world appears to have forgotten it, other than during the anniversary.
In line with the statement of the SIT, which said the 21 Para Special Forces team had not followed the standard procedure and rules of engagement when they fired at a pickup truck carrying miners on the ill-fated night, the petition filed by the state government mentioned the negligence of the army officers who carried out the ambush. Citing the landmark case of Naga People’s Movement for Human Rights (NPMHR) v. Union of India, it also held that refusing the prosecution is subject to judicial review and officers are not beyond prosecution. Given the fact that many cases of fake encounters and extra-judicial killings have vanished under the shield of the Armed Forces (Special Powers) Act (AFSPA), the chance of getting justice for the Oting victim may look bleak but the state government’s commitment has given a ray of hope. Well, India can’t afford to allow blatant abuse of human rights under the protection of a draconian law. Those found guilty -- uniformed or not -- should be penalised on the principle of justice and not on default. It’s time for the government of India to repeal the AFSPA, altogether.