Poonch custodial deaths: Gujjar leaders express outrage as Armed Forces Tribunal clears record of Brigadier

In Poonch district of Jammu and Kashmir, prominent Gujjar community leaders and activists have voiced deep frustration over a recent ruling by the Armed Forces Tribunal (AFT). The tribunal cleared the record of Brigadier Padmasambhava Acharya, removing the administrative punitive action against him for the custodial deaths of three civilians in December 2023. This decision has sparked outrage among local leaders, who see it as a failure of justice and accountability. The incident began on December 21, 2023, when security forces responded to an ambush near Dera Ki Gali (DKG) in Poonch. During the operation, four soldiers were killed, two of whom were found mutilated. As part of the search efforts, local civilians were detained for questioning. Three of these individuals reportedly died from injuries sustained during interrogation at the Company Operating Base in Mastan Dhara. A video purporting to show the abuse was later shared online, further inflaming tensions. Following the incident, a Court of Inquiry was initiated by the Headquarters of XVI Corps. The inquiry concluded that Brigadier Acharya, who commanded 13 Sector at the time, had failed in his duty by not maintaining proper command and control, mishandling civilian detainees, and failing to prevent the alleged abuses. Consequently, he was subjected to a two-year "severe displeasure" censure. However, the AFT recently ruled to erase this disciplinary action from his official records. Shahnawaz Choudhary, a leading Gujjar community figure, condemned the tribunal’s decision as a “complete betrayal of the community.” He emphasized that the Gujjars have consistently shown loyalty to the nation, yet continue to face unjust treatment. Choudhary noted that despite offering substantial support to the Army during the crisis, the outcome has left many feeling disillusioned. Choudhary pointed out that the removal of the censure undermines the integrity of the judicial process. He argued that the decision effectively allows the officer to move forward unimpeded, potentially impacting future promotions and eroding public trust in the military’s commitment to accountability. Zahid Parwaz, a social activist, echoed similar concerns. He criticized the ruling as a “symbolic slap” that does little to address the real issues at hand. Parwaz called for an independent investigation into whether high-ranking officials, including the then Corps Commander of XVI Corps stationed at Nagrota, were aware of the alleged misconduct during the operation. Sharif Chouhan, a former police chief and member of the Gujjar Desh Charitable Trust, stressed that “absolute accountability is the only moral strength of the army.” He warned that if evidence shows that senior commanders were complicit in the actions of their subordinates, the tribunal’s decision could set a dangerous precedent for civil-military relations in sensitive regions. During the AFT hearing, the bench rejected the officer’s appeal to overturn the censure, citing the necessity of upholding military discipline and constitutional obligations. The tribunal emphasized that the use of excessive force against civilians is unacceptable, and emotional responses must yield to institutional rules. As the controversy continues, local leaders remain hopeful that higher authorities will reassess the situation and ensure that justice is served for the victims and their families. The case highlights ongoing challenges in balancing military authority with civilian rights and underscores the need for transparent investigations into allegations of misconduct within the armed forces.