Manas Dasgupta
NEW DELHI, Dec 6: Amidst increasing demand from the north eastern states for the removal of the Armed Forces (Special Powers) Act, 1958, (AFSPA), the Centre on Monday regretted the botched army operation in Nagaland killing 14 civilians on Saturday even as the local police filed an FIR against the army for “intentional killing and injuring” of civilians.
The Union Home Minister Amit Shah told Parliament that the centre regretted the deaths of 14 civilians in Nagaland after a botched army operation and read out statements in both Houses as opposition MPs kept shouting objections and demanded repeal of AFSPA.
A suo motu FIR at Tizit police station in Mon district against the 21st Para Military Force claimed that the “intention” of the security forces was “to murder and injure civilians.” The FIR has been filed by the officer in-charge of Tizit Police Station, Ubi Posehu Kezo
According to the FIR, on December 4, coal mine labourers from Oting village were returning home from Tiru in a Bolero car when, “on reaching Longkhao between Upper Tiru and Oting villages, security forces blankly open fired at the vehicle without any provocation resulting in the killing of many Oting villagers and seriously injuring many others.”
The FIR stated that at the time of the incident, “there was no police guide nor security forces” to make any “requisition to police station to provide police guide for their operation.” “Hence, it is obvious that the intention of the security forces is to murder and injure civilians,” even as the government’s statement in Parliament claimed that the incident was of mistaken identity and occurred because the driver of the vehicle refused to obey the army signal to stop and “attempted to flee” from the spot.
Giving details of the incident, Shah said the Army had received information on the movement of extremists in Oting, upon which the 21 Para Commando unit laid an ambush. “A vehicle reached there, it was signalled to stop but it tried to flee. On suspicion of the vehicle carrying extremists, it was fired upon,” Shah said, adding that six out of its eight occupants died on spot.
“It was later found to be a case of mistaken identity. Two people who were injured were taken to the nearest health centre by the Army,” he added.
Shah said after receiving news of the incident, local villagers surrounded the Army unit and set two vehicles on fire. During the violence, one soldier was killed while several others were injured, he said. “Security forces had to resort to firing in self-defence and to disperse the crowd. This caused the death of seven more civilians, some were injured,” he said in the Lower House.
The Home Minister also informed the House that an agitated crowd of around 250 people vandalised the company operating base (COB) of Assam Rifles in Mon city on Sunday again forcing the armed forces to open fire the third time. “Assam Rifles had to open fire to disperse the crowd. This caused the death of one more civilian,” Shah said.
Shah said a Special Investigation Team (SIT) had been formed and directed to complete investigation in a month. “The situation is tense but under control. All agencies have to ensure such incidents do not happen in future,” Amit Shah told the Lok Sabha. “Current situation is tense but under control. On December 5, the Nagaland DGP and Commissioner visited the site. An FIR was registered and keeping the seriousness of the matter in mind, the probe was handed over to State Crime Police Station,” the Home Minister said.
An hour later he read out a similar statement in the Rajya Sabha as opposition MPs screamed “nahi chalegi, nahi chalegi“(this won’t do, this won’t do). “The centre has examined the situation and reached the conclusion the incidents such as this – where innocent villagers were killed – shouldn’t be repeated,” Shah said.
As he spoke (and as their Lower House colleagues had done), opposition Rajya Sabha MPs kept up a steady din demanding a debate on AFSPA and the Nagaland violence. In the Lok Sabha, after Amit Shah made his statement, opposition MPs protested his perfunctory speech and reiterated demands for a discussion, as well as repeal of the contentious AFSPA. In protest, MPs from the Congress, the DMK, the Samajwadi Party, the BSP, and the NCP walked out.
Amit Shah did not clarify if the centre planned to give permission to prosecute those members of the armed forces – protected under AFSPA – involved in the killings. On Monday morning, the Prime Minister met the senior members of his cabinet, including Shah, to discuss the situation and the centre’s response as well as the increasing demand, including from the chief ministers of Nagaland and Meghalaya for the repeal of AFSPA.
Nagaland Chief Minister Neiphiu Rio, whose NDPP is an ally of the BJP, slammed the centre for extending AFSPA. “Nagaland and Naga people have always opposed AFSPA. It should be repealed,” Rio said, adding, “This draconian law needs to go… there are laws to take care of the situation… but this law is hitting the image of our country.”
Opposition to AFSPA and the civilians’ deaths also came from Assam, where too the law is in force. Veteran CPI(M) leader Hemen Das called it “state terrorism.” Assam Jatiya Parishad General Secretary Jagadish Bhuyan said: “GoI should SCRAP AFSPA and allow NE people to live as dignified citizens of the country…”
The Armed Forces (Special Powers) Act, or AFSPA, has been in force in Nagaland and parts of the northeast for several decades. Under this legislation, security forces can conduct operations anywhere where the law is in effect and arrest without prior warrants.
Meanwhile, the Army has also ordered a Court of Inquiry under a Major General-rank officer into the killing of the six civilians in the Saturday evening ambush in Nagaland’s Mon district . Seven more civilians and one soldier were killed after locals surrounded and attacked the security personnel in the aftermath of the incident.
A report prepared by Nagaland Commissioner Rovilatuo Mor and DGP of Nagaland Police T John Longkumer, regarding the subsequent firing on Sunday, in which one civilian died, mentioned that the Konyak Union had announced that a mass funeral service to be held at 10 am Sunday for the 13 civilians who had died Saturday at Mon town was moved to Monday. However, the report said “no such clear announcement was made” for postponing the funeral service.
“The confusion led to the crowd getting agitated” and moving to the district hospital and later vandalising the Konyak Union’s office. After that the crowd moved towards the base of 27 Assam Rifles at Thamnan Ward. When it reached its “periphery,” it got “violent, throwing stones, vandalising properties and setting fires to three buildings” within the base. “The Assam Rifle personnel resorted to blank firing which agitated the mob further.”
The report mentioned that though the district and police officials tried to reason with the mob, which had swollen to 600 to 700, carrying sticks, flammable fluids, machetes and daos, “after almost an hour a second round of continuous firing by Assam Rifles resulted in the mob running for safety and protection.”
One person died in the firing, and six others received bullet injuries, the report mentioned. The report, which was filed late Sunday evening, mentioned that at the time of its filing “prohibitory Orders under CrPC section 144 has been clamped in Mon town to control the situation,” which, it said, “continues to be tense and volatile.” Sources said the funeral of the 13 civilians was conducted in Mon on Monday morning.
The Nagaland chief minister said his government had asked the Centre to remove the AFSPA from Nagaland. Addressing reporters after attending the funeral services of the civilians at Oting, Rio said the Centre would be providing an ex gratia assistance of Rs 11 lakh and the state Rs 5 lakh to the kin of the deceased.
“I’ve spoken to the Union Home Minister and he is taking the matter very seriously. We’ve given financial assistance to affected families. I have also urged the Centre to remove AFSPA from Nagaland as the law is a black spot on the image of the country,” the Chief Minister added.
This comes on a day when Meghalaya Chief Minister
Conrad Sangma too called for the repeal of AFSPA which is effective in Kashmir, Nagaland, Assam, Manipur (excluding seven assembly constituencies of Imphal) and parts of Arunachal Pradesh and was withdrawn from Meghalaya only in 2018. It gives power to the Army and central forces deployed in “disturbed areas” to kill anyone acting in contravention of law, arrest and search any premises without a warrant and provide cover to forces from prosecution and legal suits without the Centre’s sanction.