AFT Upholds Army’s Severe Displeasure Against Brigadier Over Poonch Civilian Deaths

The Chandigarh Bench of the Armed Forces Tribunal has backed the Indian Army’s disciplinary action against Brigadier P Acharya, the then Rashtriya Rifles commander in the Poonch region of Jammu and Kashmir, in connection with the deaths of three civilians during questioning after a terrorist attack in December 2023.

In an order pronounced on August 20, the tribunal held that there was no illegality or procedural lapse in the Army’s decision to award the officer “severe displeasure” and declined to interfere with the punishment. The bench was composed of Justice Sudhir Mittal and Lt Gen Rambir Singh.

The case arose from the aftermath of the December 21, 2023, ambush on the Dehra Ki Gali-Buffliaz road, where four Army personnel were killed and three others injured. According to the source material, two of the soldiers killed in the attack were reportedly beheaded.

In the follow-up operation that followed the attack, personnel of the 48 Rashtriya Rifles picked up several civilians from Topa Pir for questioning. Three of those civilians were later found dead, and the injuries on their bodies indicated torture.

The tribunal said the loss of soldiers in the ambush could not be used to justify conduct that went against military discipline or the legal duty to treat civilians humanely. It noted that the circumstances of the attack did not excuse the treatment meted out during questioning operations.

According to the bench, Brigadier Acharya had directed a company commander to use “slightly harsh” methods while questioning suspects to extract information. The tribunal also recorded that the officer had shown anger, assaulted a suspect and failed to maintain sufficient command and control over personnel directly under him to ensure restraint.

In its observations, the tribunal stressed that emotions could not override military discipline, especially in the course of follow-up operations after troops have suffered casualties. It said the obligation to ensure humane treatment of civilians remained binding even in difficult counter-terrorism circumstances.

The order leaves intact the Army’s disciplinary finding against the officer and places emphasis on command responsibility, restraint and compliance with legal and military standards during sensitive operations in conflict-hit areas.