Srinagar/Chandigarh, August 21: The Armed Forces Tribunal (AFT) has upheld the Army’s decision to award “severe displeasure” to Brigadier P Acharya, then commander of a Rashtriya Rifles (RR) Sector in Jammu and Kashmir’s Poonch region, over the deaths of three civilians during interrogation following a deadly ambush on an Army column in December 2023.
The Chandigarh Bench of the AFT, comprising Justice Sudhir Mittal and Lt Gen Rambir Singh, dismissed Acharya’s challenge against the administrative action, finding no illegality or violation of due process in the Army’s decision.
The three civilians had been detained for questioning after the ambush in which four Army personnel were killed, with two of the soldiers found beheaded.
More Read
In its order pronounced on August 20, the tribunal observed that the officiating commanding officer of 48 RR had directed a company commander to use “slightly harsh” methods while interrogating suspects. The Bench also found that Acharya himself had displayed anger, assaulted a suspect and failed to ensure that officers under his command exercised restraint.
The tribunal said the circumstances of the case involved a difficult conflict between the emotions of troops who had lost colleagues in a brutal attack and the requirement to maintain discipline.
“In a situation as exists in the instant case, troops involved in follow-up operations faced a dilemma. Having lost their brothers-in-arms, and that too in a brutal manner, made their blood boil and development of emotions of revenge is quite natural,” the Bench observed.
However, the Bench made clear that such emotions could not override military discipline and the law.
“In the conflict between human emotions and requirements of discipline, which is in large measure based on the law declared by the Supreme Court, human emotions must yield,” it said.
What happened after the ambush
According to the court record, 48 RR operated through several Company Operating Bases, including Dera Ki Gali, Mastan Dhara and Bafliaz.
On December 21, 2023, Major Pankaj Singh, one of the company commanders, sought permission from the officiating commanding officer, Major Raj Kumar, to conduct night firing. The request was approved and a team was dispatched from Bafliaz towards Dera Ki Gali.
At around 3.37 pm, Bafliaz reported that vehicles returning from the area had been ambushed. The commanding officer informed the Sector Commander, after which troops and an ambulance were sent to the site.
Four Army personnel were killed in the attack, including two whose bodies were recovered beheaded.
A search-and-cordon operation was subsequently launched. At about 10.30 pm, the Sector Commander sent a list of suspects to the commanding officer. The troops were directed to de-induct from the cordon the following morning, after which several suspects were rounded up and taken to the Mastan Dhara base.
Interrogation followed, during which three civilians died, according to the court record.
Army action against Brigadier
A Court of Inquiry was ordered by Headquarters 16 Corps in December 2023 to investigate the circumstances surrounding the deaths in the area of responsibility of 48 RR, which operated under 13 Sector RR commanded by Acharya.
In April 2024, Acharya was served a show-cause notice asking why administrative action should not be taken against him for allegedly failing to exercise proper command and control during the interrogation, using physical force against civilians, failing to prevent excessive and unlawful force that resulted in the deaths, and not issuing clear instructions to officers regarding the treatment of civilians.
After considering his response, the General Officer Commanding, 16 Corps, Nagrota, awarded Acharya “severe displeasure” in July 2024. The punishment was to remain effective for two years.
Acharya subsequently approached the AFT, arguing against the action.
The tribunal, however, found no grounds for judicial interference, holding that the Army authorities had acted within the law and followed due process.
It accordingly upheld the “severe displeasure” awarded to the Brigadier.
“Severe displeasure” is a formal disciplinary censure issued by the competent military authority against an officer for conduct considered improper or unacceptable. It is generally viewed as a serious reprimand, less serious than punishments such as dismissal from service or reduction in rank. It records the military authorities’ strong disapproval of the officer’s actions and can have consequences for the officer’s service record, career progression, postings or promotions, depending on the circumstances and applicable service rules.
