The Chandigarh Bench of the Armed Forces Tribunal (AFT) has upheld the Indian Army’s decision to award “severe displeasure” to Brigadier P Acharya, the then Rashtriya Rifles commander in the Poonch region of Jammu and Kashmir, over the deaths of three civilians during questioning following a terrorist attack in December 2023.
The tribunal, comprising Justice Sudhir Mittal and Lt Gen Rambir Singh, pronounced its order on August 20 and found no illegality or procedural violation in the action taken against the officer. The bench consequently declined to interfere with the Army’s decision.
The case relates to the aftermath of a terrorist ambush on the Dehra Ki Gali-Buffliaz road on December 21, 2023, in which four Army personnel were killed and three others were injured. Two of the soldiers killed in the attack were reportedly beheaded.
Following the attack, several civilians from Topa Pir were picked up by personnel of 48 Rashtriya Rifles for questioning as part of follow-up operations. Three civilians were subsequently found dead, with injuries that indicated torture.
The tribunal observed that the circumstances surrounding the loss of soldiers could not justify conduct inconsistent with military discipline and the legal obligation to treat civilians humanely.
The bench noted that Brigadier P Acharya had directed a company commander to employ “slightly harsh” methods while questioning suspects to obtain information. It further observed that the officer had displayed anger, assaulted a suspect and failed to exercise adequate command and control to ensure restraint among personnel serving directly under him.
In its observations, the tribunal stressed that emotions cannot override military discipline and the obligation to ensure humane treatment of civilians, particularly during follow-up operations after troops have suffered casualties.
The AFT’s decision upholds the Army’s disciplinary action against the officer and reinforces the importance of command responsibility, restraint and adherence to established legal and military standards during counter-terrorism operations.
The ruling also underscores that operational pressure and the loss of personnel do not absolve commanders or troops of their responsibility to maintain discipline and protect the rights and dignity of civilians during security operations.
