‘Blood Boils, But Discipline Must Win’: AFT’s Powerful Verdict on Poonch Custodial Deaths

The Armed Forces Tribunal (AFT) has upheld a “Severe Displeasure” censure against former Rashtriya Rifles sector commander Brigadier Padmasambhava Acharya in connection with the December 2023 custodial deaths of three civilians in Jammu and Kashmir’s Poonch district, delivering a strong message that excessive force against civilians cannot be justified even during emotionally charged counter-insurgency operations.

The case stemmed from an ambush near Dera Ki Gali on December 21, 2023, in which four soldiers were killed, with two of the bodies allegedly mutilated. As security forces launched follow-up operations, local civilians were rounded up for questioning to gather intelligence about the attack.

Three of those civilians later died after sustaining injuries during interrogation at the Company Operating Base in Mastan Dhara.

The tribunal held that excessive force had been used in violation of the law and described the failure to prevent it as a breakdown of command and control. It underlined that while troops may experience anger and a desire for revenge after losing fellow soldiers, human emotions must ultimately give way to military discipline, constitutional obligations and human rights safeguards.

The AFT also stressed that the Indian Army’s standards of discipline and adherence to humanitarian principles must remain intact even in the most difficult operational circumstances. It noted that Army guidelines prohibiting physical force and third-degree methods during interrogation are binding and must be followed strictly.

A Court of Inquiry had earlier found shortcomings in command and control, leading to administrative action against Brigadier Acharya, who was then commanding 13 Sector Rashtriya Rifles. The tribunal rejected his argument that senior commanders present at the control room should share responsibility, saying direct responsibility for ground-level operations rested with the relevant commanding officers and sector commander.

However, the tribunal directed authorities not to retain the censure on Acharya’s administrative record, noting that its two-year operative period had expired. It clarified that the direction was based on the specific facts of the case and would not serve as a legal precedent.