A bench of Justices Indira Banerjee and V Ramasubramanian noted that previous sanction as required under Section 6 of the Armed Forces (Special 4 Powers) Act, 1958 has not been obtained.
The top court also issued notices to the Centre, Nagaland government, and others on two pleas filed by the wives of Army officers named in the case. The petitions sought quashing of the FIR lodged by the Nagaland Police and the findings of an SIT set up by the state government.
Nagaland Police has charged at least 30 members of 21 Para Special Force with the crime. The charge sheet has slapped charges of murder and culpable homicide not amounting to murder on the team of soldiers. The case was re-registered by the State Crime Police Station on December 5 against unknown persons of the Indian Army under various sections of the IPC and the investigation was handed over to a Special Investigation Team (SIT).
A case under various sections of the IPC has been made out against 30 members of the operations team of 21 Para Special Force, including two subedars, eight havildars, four naiks, and six lance naiks, and nine paratroopers, he said.
The state DGP had said that the CID report seeking sanction for prosecution was forwarded to the Department of Military Affairs in the first week of April this year and a reminder was sent in May. The sanction for prosecution is still awaited, he had said. The charge sheet has been filed, pending sanction for prosecution against the 30 accused, he had said.
The investigation has revealed that the Alpha team of the 21 Para Special Force consisting of 31 personnel led by a Major launched an operation in Oting-Tiru Area on December 3, 2021. It was also revealed that the Special Force Operation team had not followed the Standard Operating Procedure and the Rules of Engagement and resorted to indiscriminate and disproportionate firing leading to the immediate killing of the six occupants of the vehicle on the spot and grievously injuring two persons, the state DGP had said.