Poonch custodial deaths: Tribunal clears Brigadier's record, community slams 'mockery of justice'

Several Gujjar community leaders and activists have criticised an Armed Forces Tribunal (AFT) decision to remove from administrative records the punitive action taken against a senior Army officer over the custodial deaths of three civilians in Jammu and Kashmir's Poonch district in December 2023.

The controversy concerns Brigadier Padmasambhava Acharya, who had received a two-year "severe displeasure" censure for his alleged failure to exercise proper command and control during the incident. The AFT has now directed that the punishment be removed from his administrative record after the stipulated period.

Gujjar community leader Shahnawaz Choudhary strongly objected to the tribunal's decision, calling it a "complete betrayal of the community".

The incident took place after an ambush in the Dera Ki Gali (DKG) area of Poonch district on December 21, 2023. Four soldiers were killed in the attack and two of them were mutilated.

Following the attack, security forces detained several local civilians for questioning during search operations. Three of those detained later died from injuries allegedly sustained during interrogation at the Company Operating Base in Mastan Dhara. A purported video showing the alleged torture was subsequently circulated on social media. 

A Court of Inquiry ordered by the Headquarters of XVI Corps led to administrative action against Brigadier Acharya, who was then commanding 13 Sector. The action cited his alleged failure in command and control, improper handling of civilians and failure to prevent excesses against them.

"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 said.

Choudhary said he and his team had assisted the Army in calming anger within the community after the incident, based on assurances that strict action would be taken against those responsible.

He questioned how the disciplinary action could now disappear from the officer's record after the two-year censure period.

"The fact that the senior army officer has been censured for two years but now a tribunal order has directed that this action of the officer will not be reflected in his personal record makes a mockery of our judicial system," Choudhary said.

He further argued that removing the entry could affect future accountability and potentially clear the way for the officer's promotion.

"In other words, this judicial process is paving the way for the promotion of the officer in future and thereby undermining accountability for those innocent lives that were lost," he said. 

Choudhary also called on the government to respond to written submissions made during the proceedings. Those submissions alleged that senior officers, including the then Corps Commander of XVI Corps based at Nagrota, were present in the DKG control room when civilians were allegedly being subjected to "torture" at Mastan Dhara.

"One can not escape the issue of moral and operational responsibility by taking refuge in legal technicalities," he said.

Social activist Zahid Parwaz also criticised the decision and said accountability should not disappear merely because a disciplinary period has ended.

"Justice cannot be treated as a symbolic slap on the wrist that fades away with the arrival of the season of promotions," Parwaz said.

He referred to the officer's submissions about the presence and monitoring of senior officials in a nearby control room and called for a thorough investigation into the matter. He warned that protecting senior officers from command responsibility could set a troubling 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, also stressed the importance of accountability within the armed forces.

"Absolute accountability is the only moral strength of the army," Chouhan said. 

"If internal submissions establish that top operational commanders knew about systemic atrocities being committed by their men just kilometres away, then the decision of the tribunal in diluting record entries will be detrimental to the discipline of the armed forces," Chouhan added. 

During the AFT proceedings, however, the tribunal rejected Brigadier Acharya's challenge to the "severe displeasure" censure imposed on July 8, 2024.

The officer had argued that senior commanders, 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 operation and should therefore share responsibility.

He also argued that the Corps Commander had effectively acted as a judge in his own case.

The tribunal rejected these arguments, holding that responsibility for the direction, control and supervision of ground operations lies with the sector commander and commanding officer.

The AFT also noted that the guidelines under the Armed Forces (Jammu and Kashmir) Special Powers Act (AFSPA), 1990, prohibit the use of physical force and third-degree methods.

At the same time, the tribunal referred to a Ministry of Defence policy dated October 30, 2023, which specifies that a Corps Commander's "Severe Displeasure" remains on record for two years.

On that basis, the bench directed authorities to remove the punishment from Brigadier Acharya's administrative file.

The tribunal clarified that the deletion of the record was being allowed as an exception in this particular case.  (with inputs from PTI)