SC closes criminal proceedings against 30 Army officials in 2021 botched Nagaland operation
New Delhi (PTI): The Supreme Court on Tuesday closed criminal proceedings against 30 Army personnel accused of killing 13 civilians in a 2021 botched operation to ambush militants in Nagaland's Mon district. It also said the case may be taken to its logical end if the Centre sanctions their prosecution.
A bench of Justices Vikram Nath and P B Varale also said the order will not prevent the Army from taking any disciplinary action against the personnel.
The Nagaland government in separate proceedings has challenged the denial of sanction to prosecute the Army personnel.
The apex court closed the proceedings on two separate petitions filed by wives of the personnel, including a major rank officer, who sought closure of the case lodged by Nagaland police.
The wives were seeking closure of the criminal proceedings on the ground that the state government has no jurisdiction to prosecute the personnel due to immunity granted under the Armed Forces Special Powers Act (AFSPA).
Their plea contended that prior sanction from the Centre was needed to initiate any legal proceedings against Army personnel if the area falls under AFSPA.
In April last year, the Central government had denied sanction to prosecute the Army men who were allegedly involved in the botched ambush at Oting in Mon district of the state.
The state government has moved the apex court challenging the denial of sanction to prosecute 30 Army personnel through a separate petition in which notice has been issued by a bench headed by Chief Justice D Y Chandrachud.
The Nagaland government has contended that it has clinching evidence against the Army personnel, including a major, and yet the Centre has arbitrarily denied sanction to prosecute them.
In July 2022, the top court had stayed prosecution of the Army personnel belonging to a special forces on the pleas from their wives, who claimed their husbands were being prosecuted without the state obtaining mandatory sanction for prosecution.
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Bangladesh High Court refuses to ban ISKCON
Dhaka, Nov 28: Bangladesh High Court Thursday rejected a petition seeking a ban on ISKCON's activities in the country, days after a lawyer was killed in a clash between security personnel and supporters of a Hindu leader, previously linked to the religious group.
A lawyer had sought a ban on the International Society for Krishna Consciousness (ISKCON) after placing some newspaper reports related to the organisation on Wednesday.
"The two-member High Court bench of Justice Farah Mahbub and Debashish Roy Chowdhury on Thursday declined to ban the ISKCON activities in Bangladesh," a spokesman of the attorney general's office said.
He said the bench made the decision after the attorney general's office submitted a report on the action taken by the government regarding the death of assistant government prosecutor Saiful Islam Alif in the northeastern port city of Chattogram earlier this week.
Hindu leader Chinmoy Krishna Das Brahmachary, arrested earlier this week, was sent to jail by a Chattogram court on sedition charges, sparking a violent protest during which advocate Alif was killed. Chinmoy was earlier expelled from ISKCON.
"Right at this moment, the situation does not warrant the intervention of the (High) court as the State is carrying out its job (regarding the matter),” Justice Mahbub was quoted as saying by the spokesman.
The decision came a day after Attorney-General Mohammad Asaduzzaman urged the court not to take any decisions on the ISKCON issue as the government has started taking the required action.
Additional Attorney General Aneek R Haque and Deputy Attorney General Asad Uddin informed the bench that three separate cases have been filed in connection with the murder of the lawyer and ISKCON's activities, and 33 accused have been arrested in these cases.
The bench then hoped that the government would remain cautious about protecting the law and order situation and the lives and properties of the people of Bangladesh.
Meanwhile, ISKCON Bangladesh refuted allegations linking the organisation to the lawyer's killing, saying the claims were baseless and part of a malicious campaign.
"A series of false, fabricated, and malicious campaigns is being spearheaded targeting ISKCON Bangladesh, particularly in connection with recent events. These efforts are aimed at discrediting our organisation and creating societal unrest," general secretary of the organization Charu Chandra Das Brahmachari said.
Speaking at a press conference at the organisation’s head office, he said ISKCON Bangladesh was never involved in "communal or conflict-driven activities and will continue to promote unity and harmony".
"We have already clarified the matter multiple times through press conferences and official communications with the government and administrative authorities. Regrettably, certain groups continue to deliberately spread false propaganda against our organisation and make unreasonable demands, such as banning ISKCON," Das said.
He said that Chinmoy was previously expelled from the organisation along with two others for violating its rules and none of their activities were connected to ISKCON.
ISKCON Bangladesh President Satya Ranjan Baroi also spoke at the press conference, saying their organisation was dedicated to communal harmony, religious tolerance, and the welfare of humanity and “the allegations are an attempt to tarnish our religious and social reputation".
Jatiyatabadi Ainjibi Forum on Thursday staged a protest in front of the Supreme Court Bar, protesting the lawyer's killing and demanding the ban on ISKCON.
The group is regarded as the lawyers’ wing of ex-premier Khaleda Zia’s Bangladesh Nationalist Party (BNP).
Leaders of the Anti-Discrimination Students Movement, which led the mass upheaval to oust deposed prime minister Sheikh Hasina’s regime on August 5, also demanded the ban on ISKCON.
Separately, a group of Supreme Court lawyers sent a legal notice to the Bangladesh government on Wednesday seeking the ban on ISKCON describing it as a “radical organisation.”
India on Tuesday noted with “deep concern” Chinmoy's arrest and denial of bail and urged Dhaka to ensure the safety and security of Hindus and all other minority groups.
Earlier, the ISKCON had urged the Bangladesh authorities to promote "peaceful coexistence" for Hindus in the country as it "strongly" denounced the arrest of the Hindu leader.
Chinmoy, the spokesperson for Bangladesh Sammilita Sanatani Jagran Jote, was arrested from Dhaka’s Hazrat Shahjalal International Airport on Monday as he was about to fly to Chattogram to join a rally.
He was denied bail and sent to jail by the Chattogram’s Sixth Metropolitan Magistrate court in a sedition case on Tuesday.
