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AFSPA wives’ SC petition is embarrassing for Modi govt. MoD, Army must get their act together

By Lt. Gen Prakash Menon

A setback happened in December 2021, when 13 innocent civilian lives were lost in a counter-insurgency operation by a detachment led by a Major of 21 Para (Special Forces) in the Mon district of Nagaland. Justice has been awaiting deliverance. On 20 July, the Supreme Court, after hearing a petition filed by the wives of the army personnel, stayed all further legal proceedings that were based on the report of the Special Investigation Team (SIT) constituted by the state police. It evoked a legal necessity enshrined in the Armed Forces Special Powers Act (AFSPA) that prosecution can be carried out only with the Central government’s sanction. Such a sanction was requested by Nagaland in April 2022 but has, thus far, met with silence from the Ministry of Defence (MoD).

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