AFT upholds Army action against Brigadier over custodial torture and deaths of three civilians in Kashmir
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The Chandigarh Bench of the Armed Forces Tribunal (AFT) has upheld the Indian Army’s decision to award “severe displeasure” to Brigadier P Acharya over the 2023 deaths of three civilians following custodial torture by Rashtriya Rifles troops in Jammu and Kashmir’s Poonch district.
The three civilians from Topa Pir were picked up for questioning on December 22, 2023, a day after terrorists ambushed Army personnel on the Dehra Ki Gali-Buffliaz road, killing four soldiers and injuring three. The three civilians were later found dead with injuries indicating torture. Several others were hospitalised with torture marks.
Acharya was the commanding officer of Sector 13 Rashtriya Rifles, under which 48 RR operated. A Court of Inquiry examined allegations that he failed to exercise proper command and control during the interrogation, failed to prevent excessive or unlawful force and did not issue adequate instructions on handling civilians.
The General Officer Commanding of 16 Corps awarded Acharya “severe displeasure” for two years in July 2024. Acharya subsequently challenged the action before the AFT.
In its August 20 order, the Bench comprising Justice Sudhir Mittal and Lt Gen Rambir Singh refused to interfere with the Army’s decision, finding no illegality or procedural violation.
The tribunal acknowledged that the ambush, which included the deaths and beheading of two Army personnel, could have generated intense emotions among troops involved in subsequent operations. However, it said such emotions could not override military discipline and the legal obligation to treat civilians humanely.
The Bench said military discipline and restraint must prevail over emotions of revenge, noting that Indian soldiers are trained to adhere to the law even during conflict.
The deaths had triggered anger among local residents and demands for accountability.