Gujjar leaders decry Armed Forces Tribunal's Poonch custodial death ruling

Guwahati, July 19 – Leaders of the Gujjar community in Jammu and Kashmir have condemned the Armed Forces Tribunal’s decision to expunge from official records the two-year censure imposed on Brigadier Padmasambhava Acharya for his role in the custodial deaths of three civilians in Poonch district last December.

The dismissal of punitive action against the former sector commander of 13 Sector, XVI Corps, came after the tribunal ruled that the Ministry of Defence’s October 30, 2023 policy caps the duration of “Severe Displeasure” at two years, requiring the record of censure to be struck out. Brigadier Acharya had been disciplined for failures in command oversight following the interrogation-related deaths of civilians arrested after an ambush on December 21, 2023 near Dera Ki Gali in Poonch in which four soldiers were killed.

Community spokesperson Shahnawaz Choudhary called the decision a “complete betrayal.” “Gujjars have always shown their patriotism quietly. But again and again we face injustice,” he said. He argued that deleting the censure effectively erases accountability and paves the way for future promotions, undermining the judicial process. Choudhary also alleged in written submissions that senior leaders, including the then Corps Commander of XVI Corps headquartered at Nagrota and the General Officer Commanding of Counter Insurgency Force Romeo, were present in the control room at Dera Ki Gali while civilians were allegedly tortured at the Company Operating Base in Mastan Dhara.

Social activist Zahid Parwaz criticised the ruling as a “symbolic slap that fades with the season of promotions.” He warned that shielding command responsibility sets a dangerous precedent for civil-military accountability in sensitive areas. Former Senior Superintendent of Jammu and Kashmir Police and Gujjar Desh Charitable Trust General Secretary Sharif Chouhan stressed that “absolute accountability is the only moral strength of the army.” He cautioned that diluting disciplinary records could harm internal discipline if it is shown that top commanders knew of systemic abuses nearby.

During hearings, the Armed Forces Tribunal dismissed Brigadier Acharya’s plea challenging the censure imposed on July 8, 2024. The bench upheld that excessive force against civilians cannot be tolerated and must yield to military discipline and constitutional obligations. The officer had argued that senior officers in the control room should share responsibility and described the Corps Commander as judging his own conduct. The tribunal, however, ruled that sector commanders retain direction and control of ground operations and that AFSPA guidelines in Jammu and Kashmir prohibit physical coercion. Noting the Defence Ministry’s policy limiting severe displeasure to two years, the tribunal ordered the censure removed as an exception in this case.

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