SRINAGAR: The Armed Forces Tribunal (AFT) has upheld the ‘severe displeasure’ awarded to Brigadier P Acharya, who was commanding a Rashtriya Rifles (RR) Sector in Jammu and Kashmir’s Poonch region, over the deaths of three civilians during interrogation following a December 2023 militant ambush in which four Army personnel were killed, two of them beheaded.
The Chandigarh Bench of the AFT, comprising Justice Sudhir Mittal and Lt Gen Rambir Singh, pronounced its order on August 20, holding that there was no illegality or violation of due process in the Army’s action against the officer. The tribunal found no grounds for judicial interference.
The findings were reported by Chandigarh-based newspaper The Tribune.
The tribunal observed that the officiating commanding officer of 48 RR had directed a company commander to use “slightly harsh” methods on suspects to extract information following the ambush. It also noted that Brig Acharya had himself displayed anger, assaulted a suspect and failed to ensure that officers under his command exercised restraint.
A Court of Inquiry (COI) was ordered by Headquarters 16 Corps in December 2023 to examine the circumstances surrounding the deaths of the three civilians within the area of responsibility of 48 RR, which operated under 13 Sector RR commanded by Brig Acharya.
Following the inquiry, Brig Acharya was served a show-cause notice in April 2024 and asked why administrative action should not be taken against him for failing to exercise proper command and control during the interrogation of civilians; using physical force against civilians; failing to prevent excessive and unlawful force that resulted in three deaths; and failing to issue clear directions to officers under his command on the handling of civilians.
After considering his response, the General Officer Commanding, 16 Corps, Nagrota, awarded him ‘severe displeasure’ in July 2024, effective for two years. Brig Acharya challenged the decision before the AFT.
According to court records, 48 RR operated Company Operating Bases at Dera Ki Gali (DKG), Mastan Dhara and Bafliaz. On December 21, 2023, Major Pankaj Singh, one of the company commanders, sought permission from officiating commanding officer Major Raj Kumar to conduct night firing. The request was approved.
Vehicles from COB Bafliaz were provided for the movement. At around 3.37 pm, a call was received that the vehicles returning to Bafliaz had been ambushed. The commanding officer informed the Sector Commander, following which troops and an ambulance were dispatched to the site.
Four soldiers were killed in the attack, including two whose bodies were recovered after they had been beheaded.
A search-and-cordon operation was subsequently launched. At around 10.30 pm, the Sector Commander sent a list of suspects to the commanding officer. The latter was directed to de-induct from the cordon the following morning. Several suspects were subsequently rounded up and taken to COB Mastan Dhara, where interrogation began.
Three of the civilians subsequently died, according to the court records.
Brig Acharya told the tribunal that he was informed on the night of December 21 that he had been removed from command. A signal issued by Army Headquarters on December 22 attached him to Headquarters 25 Infantry Division, while the Court of Inquiry was convened the following day.
In its judgment, the AFT acknowledged the circumstances confronting troops following the brutal ambush, noting that soldiers who had lost their comrades could naturally experience intense emotions and a desire for revenge. However, it held that such emotions could not override military discipline and the legal obligations governing the conduct of soldiers.
The Bench observed that even in wartime, Indian soldiers are expected to maintain discipline and adhere to the Geneva Conventions. It held that where human emotions conflict with the requirements of discipline and the law, “human emotions must yield”.
The tribunal consequently dismissed Brig Acharya’s challenge, finding that the Army authorities had acted lawfully and followed due process in awarding the ‘severe displeasure’.
The ruling comes nearly three years after the deaths of the three civilians, whose alleged treatment during interrogation had triggered the Army’s Court of Inquiry and subsequent administrative action against senior officers.
