3 days ago
Tribunal Removes Brigadier’s Censure, Angering Gujjar Leaders
In December 2023, four soldiers were killed in an ambush in Poonch.
Security forces then detained local civilians while carrying out searches.
Three detained civilians later died from injuries allegedly suffered during interrogation.
A military inquiry found that Brigadier Padmasambhava Acharya had not properly supervised the operation.
The Army gave him a punishment called “Severe Displeasure” for two years.
Acharya challenged the punishment, but the tribunal rejected his challenge.
The tribunal still ordered the punishment removed from his administrative file because of a Defence Ministry rule.
Gujjar leaders say this could weaken accountability, while the tribunal said excessive force against civilians is prohibited and the deletion was an exception in this case.
The Armed Forces Tribunal ordered the removal of Brigadier Padmasambhava Acharya’s two-year “Severe Displeasure” censure from his administrative file.
The action followed the deaths of three civilians detained during searches after a December 21, 2023 ambush in Poonch.
A Court of Inquiry faulted Acharya for inadequate command and control, improper handling of civilians, and failing to stop alleged excesses.
The tribunal rejected Acharya’s challenge but cited a Defence Ministry policy limiting “Severe Displeasure” to two years.
Gujjar leaders and activists said removing the censure weakens accountability and could benefit the officer’s future promotion prospects.
- Who
- Brigadier Padmasambhava Acharya, the Armed Forces Tribunal, and Gujjar community leaders and activists.
- What
- The tribunal rejected Acharya’s challenge to his censure but ordered the two-year “Severe Displeasure” entry removed from his administrative file.
- Where
- Poonch district, Jammu and Kashmir, including the Dera Ki Gali area and the Company Operating Base at Mastan Dhara.
- When
- The civilian deaths occurred in December 2023; the tribunal decision was reported on August 30. The censure was imposed on July 8, 2024.
- Why
- The tribunal cited a Ministry of Defence policy limiting “Severe Displeasure” to two years. The dispute arose from alleged mistreatment of civilians detained after an ambush.
Community Critics
Tribunal and Officer’s Position
Effect of removing the censure
Community Critics
Gujjar leaders said deleting the record makes a mockery of justice, undermines accountability for the civilian deaths, and may help the officer’s future promotion prospects.
Tribunal and Officer’s Position
The tribunal said the entry had to be deleted under the Defence Ministry’s two-year policy and clarified that the deletion was an exception in this particular case.
Command responsibility
Community Critics
Community representatives and activists demanded an investigation into claims that senior commanders monitored operations from a nearby control room and could bear moral or operational responsibility.
Tribunal and Officer’s Position
Acharya argued that the XVI Corps commander and the GOC of Counter Insurgency Force “Romeo” were present in the control room and should share blame. The tribunal rejected this argument, holding that direction, control, and supervision rested with the sector commander and commanding officer.
Use of force against civilians
Community Critics
Critics said the alleged torture and deaths required an uncompromising investigation and warned that shielding command responsibility could damage civil-military accountability.
Tribunal and Officer’s Position
The tribunal stated that excessive force and third-degree methods against civilians are prohibited under the relevant AFSPA guidelines, and that military discipline and constitutional obligations must prevail.
Key facts
- Civilian deaths
- Three detained civilians died after allegedly suffering injuries during interrogation.
- Ambush
- Four soldiers were killed near Dera Ki Gali in Poonch on December 21, 2023; two were reportedly mutilated.
- Officer involved
- Acharya was then the commander of 13 Sector.
- Original censure
- A two-year “Severe Displeasure” punishment was imposed on July 8, 2024.
- Tribunal ruling
- The tribunal dismissed Acharya’s challenge but directed authorities to delete the censure from his administrative file.
- Policy cited
- A Ministry of Defence policy dated October 30, 2023, limits “Severe Displeasure” to two years.
- Community response
- Gujjar leaders and activists called for stronger investigation and accountability, including examination of senior command responsibility.
Quotes
Shahnawaz Choudhary
Gujjar community leader who criticized the tribunal’s decision
“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.”
deccanchronicle.com
theprint.in
“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.”
deccanchronicle.com
theprint.in
Sources
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