With the Naga political solution giving way to the massive outrage against the deaths of 14 innocent civilians in Mon- December 4 massacre at Oting by a unit of the 21 Paras followed by the December 5 killing of a protestor in Mon by Assam rifles- the political situation is in a flux.
The 21 Paras is deemed to be a command unit which is directly under the control and command of the Army’s Eastern Command. Such a unit like the 21 Paras (Special Force) may be deployed in any of the Corps under Eastern Command to undertake any operations. The 21 Paras based at Jorhat (4 Corps) for operations in the North East. It was deployed at Oting (under 3 Corps) in an operation that has become a national issue of violation of human rights as well as put pressure for repeal of the controversial Armed Forces (Special Powers) Act.
It may be recalled that the army reportedly under the 3 Corps has ordered its Court of Inquiry (CoI) headed by a Major General to inquire into the incident.
However, the army CoI is tasked with a ‘fact finding’ brief and nothing more. Therefore, any expectation that the CoI will deliver justice is far-fetched said sources here.
According to the sources, the CoI will only collect facts regarding the Oting massacre involving the 21 Paras (a special force unit which is attached with the Eastern Command).
If the CoI is able to ascertain that the facts of the case is serious enough for warrant further action, it will recommend the case to the next level- Summary of Evidence.
The Summary Evidence court will collect all material and oral evidence(s) of the case and if it warrants further action, then the matter will be referred to either of the three high level military courts- Summary Court Martial, General Court Martial and General Court Martial.
These stages of the trials under Army act is expected to be cumbersome but perhaps not as long as civil courts.
Sources said if the case(s)are eventually deemed serious offences, then the Army cannot prevent civil courts from holding trial if it involved either of the offences such as (1) rape (2) murder (3) homicide.
However, the sources said none of the accused in cases can be suspended or arrested during the course of the trial unless there is sufficient ground to believe that their continuance was prejudicial to the trial or that they will tamper with evidence(s).