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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CM Siddaramaiah alleges ‘criminal conspiracy’ in Sringeri recount, vows legal action
Bengaluru (PTI): Alleging a “criminal conspiracy” by BJP candidate D N Jeevaraj in the Sringeri Assembly poll recounting, Karnataka CM Siddaramaiah on Tuesday said the outcome was manipulated after valid postal ballot votes in favour of Congress leader T D Raje Gowda were tampered with during the recounting process.
Following a Karnataka High Court order on an election petition filed by Jeevaraj, challenging Raje Gowda’s election, the reverification and recounting were conducted on Saturday.
After the reverification and recount of postal ballots for the Sringeri Assembly constituency, votes polled in favour of Raje Gowda were reduced by 255, the returning officer said.
A report on the matter has been submitted to the Election Commission of India for further action, the officer added.
Congress leader Raje Gowda had won the 2023 Assembly polls from Sringeri by 201 votes, defeating his nearest rival Jeevaraj.
Addressing a press conference in Bengaluru, Siddaramaiah said the High Court had directed the recounting of postal ballots and that irregularities were noticed during the exercise conducted on May 2.
“This is a clear case of criminal conspiracy,” Siddaramaiah said, alleging that valid votes cast in favour of Raje Gowda were altered after being accepted by counting agents of all parties, including Congress, BJP, and JD(S).
He claimed that during the recounting of postal ballots, 255 votes were initially accepted as valid by all agents but were later tampered with by subordinate officials.
“There is a second mark on the votes polled in favour of Raje Gowda. They had accepted these as valid votes. Subsequently, another mark was made by officials. This is a clear case of criminal conspiracy,” he said.
When asked who was behind the alleged conspiracy, the CM replied, “It was hatched by Jeevaraj and others. It is planned.”
Siddaramaiah further alleged that the returning officer acted improperly by declaring the result despite the presence of an Election Commission observer during the recounting.
“Immediately after the counting, the returning officer announced the result. He should not have done so; this is against the law,” he said.
He pointed out that Raje Gowda had originally won by 201 votes, but after the recounting, the BJP candidate was declared the winner by 52 votes.
“The BJP has committed a criminal act of conspiracy. This is not vote chori but vote dacoity,” he alleged.
The CM said a police complaint had already been filed by Raje Gowda’s election agent, Sudhir Kumar, and emphasised the need for electoral integrity.
“We want transparency and free and fair elections. That is what our Constitution mandates,” he added.
Stating that the government would pursue legal remedies, Siddaramaiah said, “We are preparing an appeal challenging the returning officer’s announcement in a court of law.”
Responding to a separate query on elections in other states, the CM said there appeared to be an anti-incumbency factor in West Bengal, while results in Tamil Nadu were “surprising,” adding that Vijay’s party was emerging as the largest there.
Following the victory of party candidates in Bagalkote and Davanagere South, Siddaramaiah expressed confidence about future electoral prospects in Karnataka.
“Even in 2028, we will win the Assembly elections. We will come back,” the CM said.
Siddaramaiah added that he would order a forensic examination into the alleged tampering of postal ballots.
