The Armed Forces Tribunal has upheld an administrative censure against a brigadier who was commanding a sector of the Rashtriya Rifles in Jammu and Kashmir's Poonch district 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 pertains to an incident in 2023, on December 22, a day after a militant attack in Poonch killed four soldiers. Subsequently, 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 occurred within the area of responsibility of 48 Rashtriya Rifles, a battalion operating under Acharya’s command 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 displayed anger, assaulted a suspect, and failed to ensure that his officers showed restraint during the interrogation of civilians. The tribunal concluded that ‘in the conflict between human emotions and requirements of discipline…human emotions must yield.’ A court of inquiry convened to examine the circumstances surrounding the deaths issued a show-cause notice to Acharya in April 2024, citing his alleged failure to exercise proper command and control during the interrogation, the failure to prevent the use of excessive force against civilians, and for not issuing clear directions to his officers. Following Acharya’s response, the General Commanding Officer of the 16 Corps awarded him the ‘severe displeasure’ in July 2024.
Source:
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