The death of 14 civilians in Nagaland's Mon due to firing by the Indian Army could amount to murder depending on the investigation and what facts are revealed, a former Supreme Court judge said.
"Here, because you know, that it (the firing) was not in self-defence, so to speak, but proactive action taken by the armed forces, it could amount to murder. Again, depending upon the investigations and whatever the facts are revealed, eventually," Justice Madan Lokur told NDTV.
Justice Lokur also said the Armed Forces (Special Powers) Protection Act (AFSPA) doesn't mean security forces can "go around just killing anybody", and underlined the 'defective application' of the Act which gives armed forces the power to conduct ops anywhere in enforced states and arrest anyone without a warrant.
"The armed forces proactively did whatever they did. So, it would certainly qualify as an 'intention to kill'... depending on the investigation it could, perhaps, be called 'intention to kill'," Justice Lokur told the news channel.
He also called for an independent investigation by 'eminent people', saying there is "sufficient chance" for the Army to try and cover up the incident. Two officials have said that villagers found the Army's special forces trying to "hide" the bodies of six people by wrapping and loading them on a pick-up van with the intention of taking them to their base camp.
The Army has denied any attempt to cover up the incident.
While the Central government expressed 'regret' over the incident, but said that the Army fired in self-defence, the Nagaland Police has filed an FIR against the 21st Para Special Force of the Army. The case was registered under Sections 302/307/34 of the IPC, relating to murder, attempt to murder and criminal act committed by several persons in furtherance of the common intention of all. "It is obvious that the intention of security forces is to murder and injure civilians,” the FIR said.
The incident has also caused a resurge in demand for the repeal of the AFSPA from Nagaland, as the state cabinet said it is writing to the Centre to have the Act, which CM Neiphiu Rio called "draconian," repealed.
With agency and bureau inputs.
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