Jammu, August 23, 2026 (Yes Punjab News)
The Armed Forces Tribunal (AFT) has held that excessive force cannot be used against civilians and that military personnel must adhere to discipline and human rights safeguards even under intense emotional provocation.
The tribunal made the observations while dismissing a plea by former Rashtriya Rifles sector commander Brigadier Padmasambhava Acharya, who had challenged a “Severe Displeasure” censure issued to him over the December 2023 custodial deaths of three civilians in Dera Ki Gali in Jammu and Kashmir’s Poonch district.
The AFT said the use of excessive force amounted to a failure of command and control, adding that commanders were required to issue clear directions and ensure restraint during operations.
The tribunal acknowledged the emotional pressure on troops following the deaths of their comrades in a brutal ambush, but stressed that such circumstances could not override military discipline.
“Even in war, the Indian soldier is known for his discipline, and adherence to the Geneva Conventions is the rule,” the tribunal observed, while underlining that human emotions must yield to military discipline, constitutional mandates and human-rights protections.
The case relates to an ambush on December 21, 2023, near Dera Ki Gali that left four soldiers dead. During subsequent search operations, civilian suspects were detained for questioning. Three of them later died from injuries while in custody at a Company Operating Base in Mastan Dhara.
A Court of Inquiry subsequently recommended administrative action against Acharya, then commander of 13 Sector Rashtriya Rifles, for failing to exercise proper command and control, improperly handling civilians and failing to prevent excessive force.
Acharya had argued that senior commanders present at the Dera Ki Gali control room should also share responsibility. The tribunal rejected the contention, holding that direct command and control over ground operations rested with the commanding and sector commanders, while senior officers visiting forward control rooms did not exercise micro-level control over tactical interrogations.
The tribunal also reiterated that Army guidelines prohibiting physical force and third-degree methods during interrogation are binding and must be strictly followed.
While upholding the censure, the AFT directed authorities not to retain the punishment in Acharya’s administrative record. It noted that the Defence Ministry’s October 30, 2023 policy provides that a “Severe Displeasure” issued by a Corps Commander remains operative for a maximum of two years. Since Acharya’s censure was issued on July 8, 2024, that period had expired.
The tribunal clarified that its direction regarding the record was based solely on the facts of the case and should not be treated as a precedent.
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