Different Supreme Court benches hear 2 aspects of 2021 Nagaland Mon killings

New Delhi: In a piquant situation, two SC benches are adjudicating two aspects of an alleged botched Army operation in Dec 2021 in Nagaland - one challenging registration of FIR against Army personnel by the state police and the second, the state's challenge to Centre's refusal to sanction prosecution of the accused.
A bench headed by Justice Vikram Nath was hearing petitions filed by spouses of Army personnel involved in the operation challenging registration of FIR by Nagaland Police.It had in July 2022 stayed prosecution of the personnel belonging to Alpha team of 21 Para (Special Forces) as the petitioners contended that FIR should have been registered only after taking Centre's consent.
On Tuesday, with Justice Nath not persuaded by the argument that his bench should not hear the matter, Nagaland advocate general K N Balgopal sought adjournment of the hearing saying he was unwell.
The sudden turn of events did not go down well with the bench which said the state AG should have informed the court about his indisposition at the start of the hearing. However, it agreed to adjourn the hearing to Aug 6.
On July 15, a bench headed by the CJI had issued notice to Centre on Nagaland's plea challenging denial of sanction for prosecution of 30 Army men who were named in the FIR lodged by the state police for killing 13 civilians in a botched operation to ambush militants in Mon district on Dec 4, 2021.
When the bench led by Justice Nath took up the petitions challenging registration of FIR, Balgopal said only one of the two benches should hear both the petitions, as these pertained to the same incident.
However, senior advocate Huzefa Ahmadi said Nagaland's writ petition challenging Centre's decision refusing sanction for prosecution concerned an issue which was completely different from the subject matter before this bench. "We are questioning the very inception of the prosecution through registration of FIR. This bench had, during the earlier hearing, expressed its prima facie view that the FIR needs to be closed as there was no prior sanction for its registration," Ahmadi said.
Ahmadi also accused Nagaland of suppressing facts in the writ petition before the CJI-led bench challenging a more than year-old decision of Union govt to refuse sanction for prosecution. "None of the interim orders passed by this bench, including the one staying the FIR and prosecution of the Army personnel, was annexed to the writ petition even though the deponent was fully aware of the developments," he said.
Justice Nath said even if the bench closed the FIRs, the prosecution could be commenced afresh if Nagaland govt succeeded before the CJI-led bench. Finding the wind blowing against the state, Balgopal sought adjournment of hearing saying he was unwell.