The Armed Forces Tribunal (AFT) has upheld a "severe displeasure" censure awarded to Brigadier Padmasambhava Acharya, a former Rashtriya Rifles sector commander, over the December 2023 custodial deaths of three civilians in Jammu and Kashmir's Poonch district. In its ruling, the tribunal held that excessive force cannot be used against citizens and that human emotions must yield to military discipline, constitutional mandates, and strict human-rights safeguards.

The tribunal, dismissing Brigadier Acharya's plea, said: "While dealing with insurgents, the security forces must not violate human rights. Unnecessary force should not be used nor should there be a breakdown of the rule of law. This is necessary for democracy to survive." It also stressed that the authority granted under the Armed Forces (Jammu and Kashmir) Special Powers Act (AFSPA), 1990, does not allow arbitrary use of force.

The case stems from an operation launched on December 21, 2023, after an ambush on a military convoy near Dera Ki Gali (DKG) in Poonch killed four soldiers. Two of the soldiers' bodies were mutilated. During interrogation at the Company Operating Base in Mastan Dhara, three civilian suspects succumbed to their injuries.

A court of inquiry convened by HQ 16 Corps led to administrative action against Brigadier Acharya, then commander of 13 Sector RR, for failing to exercise proper command and control, improper handling of civilians, and failing to prevent excessive force.

In its order, the tribunal observed: "Excessive force was used in violation of the law. It was, thus, a failure of command and control function. Failure to stop use of excessive force and failure to pass clear directions were the direct fallout thereof."

The tribunal also addressed the emotional context faced by troops, noting: "Having lost their brothers in arms and that too in a brutal manner, makes their blood boil and development of emotions of revenge is quite natural." However, it added: "Even in war, the Indian soldier is known for his discipline and adherence to the Geneva Conventions is the rule."

Brigadier Acharya had argued that senior commanders, including the corps commander and the GOC of Counter Insurgency Force "Romeo", were present at the DKG control room and should share responsibility. He also contended that the corps commander had acted as a judge in his own cause.

The tribunal clarified that direct command and control over ground operations rests with the commanding officer and the sector commander, and that higher commanders visiting forward control rooms do not exercise micro-level executive control over sub-unit tactical interrogations.

The tribunal rejected the argument that protection from prosecution under AFSPA prevented administrative action. Section 7 of the AFSPA protects persons acting in good faith from prosecution, suits, or other legal proceedings without prior sanction, but does not bar departmental action.

The tribunal also rejected challenges concerning the court of inquiry, holding that the applicant had failed to establish a violation of applicable Army rules, and that the show-cause notice was not vague but specifically identified the alleged failures.

In a relief to the officer, the tribunal directed authorities not to maintain a record of the disciplinary action on his administrative file, treating it as an exception limited strictly to the facts of the case. "This is a direction based on the facts of the instant case only and is not to be treated as a precedent or an exposition of the law," the AFT bench said.

The bench cited a defence ministry policy dated October 30, 2023, which stipulates that while a censure awarded to an officer typically remains part of his administrative record for 10 years, a "Severe Displeasure" issued by a corps commander remains operative for a maximum period of two years. The censure awarded to Brigadier Acharya on July 8, 2024, had completed its two-year period and ceased to be operative.

The Armed Forces Tribunal is based in Chandimandir, the headquarters of the Army's Western Command, in Haryana's Panchkula.