Tribunal Says Grief Over Slain Personnel Cannot Justify Civilian ‘Killings’ in Poonch in 2023

Srinagar: The Armed Forces Tribunal (AFT) has upheld the Indian Army’s decision to award ‘severe displeasure’ to Brigadier P. Acharya, who was commanding a Rashtriya Rifles (RR) battalion when three civilians were allegedly killed during interrogation, following a militant ambush in Jammu and Kashmir (J&K)'s Poonch district in December 2023.

In its order pronounced on August 20, the Chandigarh Bench of the AFT – comprised by Justice Sudhir Mittal and Lt Gen Rambir Singh – found no illegality or procedural violation in the action taken against the commanding officer (CO) and declined to interfere with the army’s decision.

The tribunal observed that the CO of the concerned RR battalion had directed a company commander to adopt “slightly harsh” methods during questioning. It also found that Acharya had himself displayed anger, assaulted a suspect and failed to exercise adequate command and control to ensure restraint by officers serving under him.

The AFT pointed out that the circumstances following the ambush, including the deaths and beheading of two army personnel, could understandably have generated intense emotions among troops.

“In a situation as in this 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. On the other hand is discipline, instilled by rigorous training, commanding them to exercise restraint and scrupulously follow plans to trace the culprits. Even in war, the Indian soldier is known for his discipline and adherence to the Geneva Conventions,” the bench observed.

However, it held that such emotions could not override military discipline and the legal obligation to treat civilians humanely. “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 added.

Army action followed court of inquiry

The incident dates back to December 21, 2023, when militants ambushed an army column near Dhatyar Morh in the Poonch district of Jammu. Four army personnel were killed and three others were injured. Two of those killed in the ambush were reportedly beheaded.

In the aftermath, security forces launched a search-and-cordon operation in the surrounding areas, including Dera Ki Gali, Bafliaz and Topa Peer. Dozens of civilians were reportedly detained for questioning.

According to the proceedings before the tribunal, three detainees, Safeer Ahmed, Mohammad Showkat and Shabir Ahmed, subsequently died. They belonged to the Gujjar-Bakarwal community and were residents of Topa Peer.

Videos that surfaced after the incident purportedly showed detainees being beaten and subjected to other forms of physical abuse. The deaths generated anger among local residents and prompted demands for accountability.

Headquarters of 16 Corps launched a Court of Inquiry in December 2023 to examine the circumstances surrounding the civilian deaths in the area of responsibility of 48 RR, which operated under 13 Sector RR commanded by Acharya.

Following the inquiry, Acharya was served a show-cause notice in April 2024.

The notice accused him of failing to exercise proper command and control during the interrogation of civilians, using physical force against civilians, failing to prevent excessive and unlawful force and failing to issue clear instructions to officers under his command regarding the handling of civilians.

After considering his response, the General Officer Commanding, 16 Corps, Nagrota, awarded Acharya ‘severe displeasure’ for two years in July 2024.

Acharya subsequently approached the AFT challenging the order.

What happened after the ambush?

According to the tribunal record, 48 RR had Company Operating Bases (COB) at Dera Ki Gali, Mastan Dhara and Bafliaz.

On December 21, company commander Major Pankaj Singh sought permission from officiating commanding Mjaor Raj Kumar to conduct night firing. The request was approved.

The firing party subsequently moved towards Dera Ki Gali. At around 3.37 pm, information was received that vehicles returning towards Bafliaz had been ambushed. The battalion commander informed the sector commander and troops, along with an ambulance, were dispatched to the site.

The bodies of the slain soldiers were recovered from the ambush location, following which a search-and-cordon operation was launched.

Later that night, the sector commander sent a list of suspects to the commanding officer. After the cordon was de-inducted the following morning, several suspects were taken to COB Mastan Dhara for questioning.

It was during the subsequent interrogation that the three civilians lost their lives, according to the proceedings before the tribunal.

Tribunal stresses responsibility of commanders

The AFT rejected Acharya’s contention that the administrative action against him was legally unsustainable.

The bench noted the extraordinary circumstances confronting the troops after the ambush, but stressed that the army’s discipline requires personnel to remain within the bounds of law even under extreme provocation.

The tribunal observed that soldiers had lost comrades in a particularly brutal attack and that emotions of anger and revenge could naturally arise. At the same time, it said military training and discipline require personnel to exercise restraint.

The bench also noted that the Indian soldier is expected to maintain discipline and respect the applicable laws of armed conflict even during war.

“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 added.

It ultimately concluded that the army authorities had followed due process in dealing with the brigadier and that there was no basis for judicial intervention.

Government had promised justice

The December 2023 deaths had triggered significant concern in J&K, particularly among residents of the Gujjar-Bakarwal community. Military experts believe that the incident created fissures between the army and the community, which has traditionally helped the forces in frontier zones and has been traditionally supportive of India.

Defence minister Rajnath Singh had met the families of the deceased and assured them that justice would prevail. He had also called upon security personnel to remain vigilant, maintain discipline and win the confidence of the local population.

"Nobody can bring those who have died back to life. But there will be justice," Singh had told the families.

"Indian Army is not an ordinary army. The soldiers are our protectors. It is their duty to not only safeguard national interests, but also to win the hearts of the people," he said, according to a ministry statement.

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