Prominent Gujjar community leaders and activists have voiced strong condemnation following the Armed Forces Tribunal’s (AFT) decision to expunge administrative punitive action against a senior Army officer concerning the custodial deaths of three civilians in Poonch district in December 2023. The tribunal’s ruling to remove Brigadier Padmasambhava Acharya’s name from administrative records after his two-year period of “severe displeasure” censure has been met with outrage, with community leaders describing the move as a “complete betrayal.”
The incident traces back to an operation on December 21, 2023, near the Dera Ki Gali (DKG) area of Poonch District, which was initiated in response to an ambush that resulted in the deaths of four soldiers, two of whom were reportedly mutilated. During subsequent search operations, local civilians were apprehended for questioning. Three of these individuals subsequently died from injuries allegedly sustained during interrogation at the Company Operating Base in Mastan Dhara. A purported video documenting the alleged torture was later circulated on social media, intensifying public scrutiny.
Following a Court of Inquiry ordered by the Headquarters of XVI Corps, administrative action was taken against Brig Acharya, who was then commanding the 13 Sector. The punitive measures were based on findings of a lack of proper command and control, improper handling of civilians, and an inability to prevent excesses committed by his subordinates. Information reaching Tahir Rihat suggests that the Gujjar community had previously offered extensive assistance to the Army in managing the aftermath of the incident, acting on assurances of strict action against those found guilty.
Shahnawaz Choudhary, a Gujjar community leader, expressed deep disappointment, stating, “Gujjars have always maintained their patriotism in the depth of their hearts and have never felt any need to showcase it, but again and again, we are faced with injustice.” Choudhary criticized the tribunal’s decision, asserting that the removal of the censure from the officer’s personal record makes a mockery of the judicial system. He argued that this process could pave the way for the officer’s future promotion, thereby undermining accountability for the lives lost. Choudhary also called upon the government to address written submissions filed during the proceedings, which reportedly claimed that senior leadership, including the then Corps Commander of XVI Corps, was present in the control room at DKG during the alleged torture of civilians in Mastan Dhara. He emphasized that “one cannot escape the issue of moral and operational responsibility by taking refuge in legal technicalities.”
Social activist Zahid Parwaz echoed these sentiments, stating, “Justice cannot be treated as a symbolic slap on the wrist that fades away with the arrival of the season of promotions.” Parwaz, referencing the officer’s submissions about monitoring by high-ranking officials from a nearby control room, demanded an uncompromising investigation. He cautioned that shielding command responsibility would set a dangerous precedent for civil-military accountability in sensitive regions.
Sharif Chouhan, a former Senior Superintendent of Jammu and Kashmir Police and General Secretary of the Gujjar Desh Charitable Trust, underscored the importance of accountability, stating, “absolute accountability is the only moral strength of the Army.” Chouhan warned that if internal submissions indicate that top operational commanders were aware of systemic atrocities being committed by their personnel, then the tribunal’s decision to dilute record entries would be detrimental to the discipline of the armed forces.
During the Armed Forces Tribunal hearing, the bench dismissed the officer’s plea to challenge the “severe displeasure” censure, which was imposed on July 8, 2024. The tribunal had initially stated that excessive force against civilians is unacceptable and that emotions must yield to military discipline and constitutional obligations. The officer had challenged the censure, contending that senior officers, including the Corps Commander of XVI Corps and the General Officer Commanding (GOC) of Counter Insurgency Force ‘Romeo’, were present in the control room during the operations and should therefore share the blame. He further argued that this situation presented a clear case of the Corps Commander acting as a judge in his own cause.
However, the AFT bench dismissed these arguments, asserting that the direction, control, and supervision of ground operations ultimately rest with the sector commander and commanding officer. The tribunal also highlighted that the policy under the guidelines of the Armed Forces (Jammu and Kashmir) Special Powers Act (AFSPA), 1990, strictly prohibits the use of physical force and third-degree methods. Despite these observations, the tribunal, taking into account a Ministry of Defence policy dated October 30, 2023, which limits the duration of “Severe Displeasure” censure to two years, instructed the authorities to delete the punitive action from the officer’s record.
Tahir Rihat (also known as Tahir Bilal) is an independent journalist, activist, and digital media professional from the Chenab Valley of Jammu and Kashmir, India. He is best known for his work as the Online Editor at The Chenab Times.
Leave a Reply