In a significant legal victory, the Supreme Court of India has ruled in favor of the personnel of 21 PARA(SF) Unit, represented by the wives of Indian Army officers. The court has quashed the FIR related to an incident resulting in firing and 6 deaths on 4 December 2021. The judgment underscores the protection afforded by Section 6 of the Armed Forces (Special Powers) Act, 1958, emphasizing the need for prior sanction from the Central Government for prosecution. This decision sets an important precedent for safeguarding the rights of soldiers upholding the country’s sovereignty and integrity.
Facts
- The Writ Petitions seek to quash the Suo moto FIR filed against the husbands of the Petitioners and 28 other Team members for various sections of the Indian Penal Code.
- The FIR and subsequent actions are alleged to be targeted at attacking soldiers in the performance of their duties of upholding the dignity of the Indian Flag.
- The Petitioners request that the Respondents cease such arbitrary exercises of executive power that disrupt the normal functioning of the Army.
- There is a plea for the issuance of guidelines to protect the rights of soldiers so they are not harassed for bona fide actions in the line of duty, as mandated by the Union of India.
- A direction is sought to prevent the initiation of criminal proceedings against soldiers for actions undertaken in the protection of the country’s sovereignty, integrity, and dignity.
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Arguments
- The learned Advocate General for the State of Nagaland, Mr. K.N. Balgopal, submitted that the State has challenged the order dated 28 February, 2023, which declined sanction under Section 6 of the AFSP Act, 1958.
- The State of Nagaland filed Writ Petition (Criminal) Diary No 17297 of 2024 against this order, titled The State of Nagaland vs. Ministry of Defence & Anr., on 16.04.2024.
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Analysis
- Writ Petitions filed by the wives of Indian Army officers to quash FIR against personnel of 21 PARA(SF) Unit.
- FIR registered under various sections of IPC related to an incident leading to firing and 6 deaths on 4 December 2021.
- Section 6 of AFSP Act, 1958 bars prosecution without prior sanction of Central Government for actions under the Act.
- Sanction under Section 6 was declined by competent authority on 28.02.2023.
- FIRs quashed due to rejection of sanction, despite State of Nagaland requesting time to file an affidavit.
- Anjali Gupta, the Writ Petitioner, and her husband both had fingers chopped off.
- The incident took place in a location in Nagaland where the Armed Forces (Special Powers) Act, 1958 is applicable.
- Section 6 of the Armed Forces (Special Powers) Act, 1958 provides protection to persons acting under the Act, requiring prior sanction from the Central Government for prosecution.
- A report from the Chief Investigation Officer indicates the need for prosecution sanction under Section 197(2) of the Cr.P.C. and Section 6 of the AFSPA, 1958.
- The report mistakenly states Section 197(2) of the IPC instead of the correct reference to Section 197(2) of the Cr.P.C.
- Section 6 of the Armed Forces (Special Powers) Act, 1958 requires previous sanction of the Central Government for prosecution, suit, or legal proceedings.
- The Central Government has not granted previous sanction in this case.
- The question of sanction is pending consideration at the appropriate level.
- Due to the lack of mandatory previous sanction as required by the Act, the court issues an interim order staying further proceedings related to FIR No 27 of 2021.
- Similar Writ Petitions by close family members of Indian Army officers have been entertained by the Court in the past.
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Decision
- The interim order granted on 19.07.2022 is to be made absolute, and the proceedings from the impugned FIRs are to be quashed.
- Writ Petition (Criminal) Nos. 265 & 250 of 2022 are allowed.
- If at any stage sanction is granted under Section 6 of the AFSP Act, 1958, the proceedings from the impugned FIRs will continue according to the law.
- The decision to take disciplinary proceedings against its officers lies at the discretion of the Armed Forces and the court will not issue any directions in this regard.
- The proceedings from the impugned FIRs shall remain closed as the sanction has been rejected by the competent authority on 28th February, 2023.
Case Title: RABINA GHALE Vs. UNION OF INDIA (2024 INSC 698)
Case Number: W.P.(Crl.) No.-000265 – 2022
