The Armed Forces Tribunal on Thursday upheld an administrative censure for a brigadier who was commanding a sector of the Rashtriya Rifles in Jammu and Kashmir’s Poonch district in December 2023 when three civilians died during an interrogation following a militant attack.

The Chandigarh bench of the tribunal rejected retired Brigadier P Acharya’s challenge to the “severe displeasure” award by the Indian Army against him.

The case relates to an incident in 2023. On December 22 that year, a day after a militant attack in Poonch killed four soldiers, Army personnel picked up nine residents of Topa Peer village. Three of the detained civilians – 45-year-old Safeer Ahmad, 26-year-old Mohammad Showkat and 30-year-old Shabir Ahmad – died due to alleged torture in Army custody.

The incident took place in the area of responsibility of 48 Rashtriya Rifles, a battalion operating in a sector commanded by Acharya at the time.

On Thursday, the tribunal found that the officiating commanding officer of 48 Rashtriya Rifles battalion involved in the incident had directed a company commander to use “slightly harsh” methods while interrogating suspects.

The order also noted that Acharya had himself displayed anger, assaulted a suspect and had been unable to ensure that the officers under his supervision showed restraint while interrogating civilians.

The tribunal said that “in the conflict between human emotions and requirements of discipline...human emotions must yield”.

A court of inquiry convened to examine the circumstances in which the three civilians died had issued a show-cause notice to Acharya in April 2024. The notice cited his alleged failure to exercise proper command and control during the interrogation of civilians, the failure to prevent the use of excessive force against them and for not issuing clear directions to his officers in the matter.

Following Acharya’s response, the General Commanding Officer of the 16 Corps had in July 2024 awarded Acharya the “severe displeasure”. The censure is an administrative action that remains in effect for two years.

Acharya had challenged the censure before the tribunal.

The death of the three civilians had caused outrage in the Union Territory. Defence Minister Rajnath Singh had met the families of the victims and assured them of justice.

Written by Nachiket Deuskar. Edited by Sara Varghese.

Also read: ‘They died in front of my eyes’: Eyewitness recounts torture of Poonch villagers in Army custody

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