Jammu, Aug 23: The Armed Forces Tribunal (AFT) has held that excessive force cannot be used against civilians, asserting that a soldier, even under extreme emotional provocation, must yield to military discipline.

The apex military tribunal made the observation as it upheld a “severe displeasure” censure awarded to former Rashtriya Rifles sector commander, Brigadier Padmasambhava Acharya, over the December 2023 custodial deaths of three civilians in Dera Ki Gali in Jammu and Kashmir’s Poonch district.

It has also held that excessive force cannot be used against civilians.

“Excessive force was used in violation of the law. It was, thus, a failure of command and control function. Failure to stop use of excessive force and failure to pass clear directions were the direct fallout thereof,” it said.

Noting that ‘the troops involved in follow-up operations face a dilemma. Having lost their brothers in arms and that too in a brutal manner, makes their blood boil and development of emotions of revenge is quite natural”, it said: “On the other hand is discipline, instilled by rigorous training, commanding them to exercise restraint and scrupulously follow plans to trace the culprits.

“Even in war, the Indian soldier is known for his discipline and adherence to the Geneva Conventions is the rule,” the AFT order said.

The tribunal, however, has directed authorities not to maintain a record of the punishment in the officer’s file as the two-year penalty period has elapsed and ceased to be operative.

Dismissing the plea of Brigadier Acharya, the tribunal held that even under intense emotional provocation following the loss of comrades in counter-insurgency operations, human emotions must yield to military discipline, constitutional mandates, and strict human rights safeguards.

However, while addressing the specific policy provisions governing military censures, the tribunal directed the authorities not to maintain a record of the disciplinary action in the officer’s administrative file, treating it as an exception limited strictly to the facts of the case.

“This is a direction based on the facts of the instant case only and is not to be treated as a precedent or an exposition of the law,” the tribunal said in its order passed recently.

Referring to the Defence Ministry’s policy dated October 30, 2023, which stipulates that while a censure awarded to an officer typically remains part of his administrative record for 10 years, to be shared with selection and promotion boards, a “Severe Displeasure” issued by a Corps Commander remains operative for a maximum period of two years, the AFT said that the censure awarded to Brigadier Acharya on July 8, 2024.

The case relates to an operation launched on December 21, 2023, when a military convoy was ambushed near Dera Ki Gali (DKG), leaving four soldiers dead.

The bodies of two of the dead soldiers were also mutilated. In the subsequent search operations, sub-units rounded up local civilian suspects for questioning to gather actionable intelligence.

During interrogation at the Company Operating Base in Mastan Dhara, three civilian suspects succumbed to their injuries. A Court of Inquiry convened by HQ 16 Corps led to administrative action against Brigadier Acharya, the then commander of 13 Sector RR, for failing to exercise proper command and control, improper handling of civilians and failing to prevent excessive force.

Challenging the two-year censure issued by the General Officer Commanding of 16 Corps, the officer had argued that senior commanders, including the Corps Commander and the GOC of counter-insurgency force ‘Romeo’, were present at the DKG control room during the operations and should share responsibility.

He had also contended that the Corps Commander had acted as a judge in his own cause.

Rejecting these arguments, the tribunal clarified the operational hierarchy of field forces, ruling that direct command and control over ground operations rests with the commanding officer and the sector commander.

Higher commanders visiting forward control rooms to gain situational awareness do not exercise micro-level executive control over sub-unit tactical interrogations.

Citing landmark Supreme Court verdicts, the bench reiterated that internal-security duties require a distinct approach from conventional warfare, emphasising that Army guidelines strictly prohibiting physical force or third-degree methods during interrogation are legally-binding orders that must be scrupulously followed.

The Armed Forces Tribunal is based in Chandimandir, the headquarters of the Army’s Western Command, in Haryana’s Panchkula, adjacent to Chandigarh.

New Delhi, Aug 23: A day after Union Minister of State and Rashtriya Lok Dal (RLD) chief Jayant Chaudhary hit back at Samajwadi Party (SP) President Akhilesh Yadav’s ‘chavanni’ remark, the Bharatiya Janata Party (BJP) on Sunday accused the SP chief of “insulting” the Jat community.

While addressing a recent event, Yadav said: “I don’t know from where all people came to form an alliance with us (SP). We had increased their value from ‘chavanni’ (25 paise) to one full rupee, yet they left us and went away.”

His remark was seen as mocking the RLD President.

Taking to X on Saturday, Jayant Chaudhary responded, saying: “In the battle of politics, if you had to use some cheap words, you could have at least said them taking my name, It wouldn’t have been an issue.”

“Targeting the Jat community and saying we taught ABCD ? I’ve seen this arrogance up close and I believe such behavior only brings downfall!” he remarked.

Speaking to media, BJP MP Dinesh Sharma said if Akhilesh Yadav is calling Jayant Chaudhary ‘chavanni’ without taking his name, it means that he is calling the same “to the entire Jat community”.

“Chaudhary Charan Singh (Jayant’s grandfather) was a top leader, not only of the Jat community, but also among the farmer leaders. Calling his grandson ‘chavanni’ is an insult to the entire community,” he added.

Referring to Jayant Chaudhary, Sharma said: “He was born in a such a family whose blood carries nationalism and patriotism.”

BJP spokesperson Rakesh Tripathi said the reason why Akhilesh Yadav is “concerned” about Jayant Chaudhary is because the SP chief is “feeling very isolated and troubled”.

“He (Akhilesh) knows that the Congress Party is a liability and that whatever number of seats they are given, they will lose all of them. In such a situation, he is trying to keep his options open by reaching out to Om Prakash Rajbhar at times and Jayant Chaudhary at others,” he told media.

Uttar Pradesh Minister Narendra Kumar Kashyap added to the criticism, saying, “Akhilesh Yadav’s ego is at its peak now. He is insulting RLD leaders and Chaudhary Charan Singh ji. He is also insulting the Jat community.”

“Since RLD is a trusted ally of the NDA, all alliance partners are standing with the party,” he asserted

In a warning to the SP chief, Kashyap said: “You’ll (Akhilesh) have to bear the consequences of insulting RLD.”

Bengaluru, Aug 23: An incident in which a man was hacked to death in full public view at a traffic signal near the Madiwala underpass came to light on Sunday, raising fresh concerns over the safety of residents in Bengaluru.

The victim, identified as Suhail, a resident of Mangammanapalya and a medical shop owner, was attacked by a group of assailants as he was on his way from Madiwala towards Koramangala on Saturday night.

The incident occurred late at night when Suhail had stopped his motorcycle amid a traffic jam on the main road. Four men who arrived on two motorcycles allegedly attacked him with swords before fleeing the spot. Suhail suffered severe blood loss and died at the scene.

Police suspect that the murder could be an act of revenge linked to an earlier murder case in Bandepalya.

On January 13, a man named Shabbir was murdered in Bandepalya, and Suhail’s brothers Kaleem, Nazir and another brother were allegedly involved in that case. Investigators suspect that Suhail may have been targeted in retaliation, despite having no connection with the Shabbir murder case.

Police sources said Suhail had no criminal background and was not an accused in the earlier case. His murder is therefore suspected to have been driven by hostility towards his brothers.

Deputy Commissioner of Police (South East) Mohammad Sujeetha, CCB DCP Haribabu and Joint Commissioner of Police Ramesh Banoth visited the crime scene and inspected the spot.

Following the murder, Suhail’s younger brother Nazir reportedly arrived at the scene and vowed revenge. He said Suhail was not merely his elder brother but was like a father to him, and warned that he would not spare those responsible for his killing.

Police suspect that the assailants had been planning the murder for several days and had been closely monitoring Suhail’s movements. According to preliminary information, the attackers allegedly followed him and executed a pre-planned attack while he was travelling on his motorcycle.

After the murder, the assailants reportedly abandoned the weapons at the scene and escaped.

Three special teams have been formed to track down the suspects. Police have seized the CCTV DVR from the area and are examining footage to identify the attackers and trace their movements before and after the crime.

Investigators are also trying to establish why Suhail, who lived in Mangammanapalya and operated a medical shop in Bommanahalli, travelled towards Madiwala. Police are examining who last contacted him before he left the medical shop and other details surrounding his movements.

The brazen murder in a busy public area has triggered concerns over safety in the city, particularly as the attackers allegedly assaulted the victim in front of members of the public before fleeing the scene. Police are continuing their investigation to establish the exact motive and identify all those involved.

When asked whether any accused have been arrested in connection with the case, DCP South East Mohammad Sujeetha declined to comment. Further investigation is on.