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 rescue operation is underway in southeast Delhi Jasola area to locate a 15-year-old boy who fell into an open drain while trying to retrieve a kite and was swept away by a sudden rush of water.

The teenager, identified as Mithun, was reportedly chasing the kite when he fell into the drain on Saturday morning. Nearly 24 hours after the incident, rescue teams have continued searching the drain and surrounding areas, but the boy has not yet been located.

The child’s elder brother, Joginder, said the teenager was a Class 8 student and was trying to retrieve a kite when the incident occurred.

“…He was in Class 8. He was trying to retrieve a kite… My sister-in-law saw him fall, and the water came rushing and swept him away,” he told media.

“No traces of him till now, when he fell down the waterflow was very fast and as we reach near the drain he was swept away.”

The incident has prompted a multi-agency search operation involving the Delhi Fire Service, National Disaster Response Force (NDRF) and Boat Club teams. Personnel have been carrying out searches in the drain and nearby areas in an effort to trace the missing teenager.

According to the Delhi Fire Service, information about the incident was received at 11:54 am on Saturday. Following the alert, two fire tenders were immediately dispatched to the location and a search operation was launched.

The East Delhi district administration, Boat Club team and NDRF personnel have also joined the rescue effort. Teams are examining the drain and surrounding stretches where the teenager may have been carried by the water current.

The search has continued despite the difficulty of operating in the drain and the possibility that the strong flow may have carried the boy farther from the point where he fell.

Family members have remained at the site as rescue personnel continue their efforts to locate Mithun. The incident has also raised concerns over the dangers posed by open drains, particularly during periods of heavy water flow.

Officials and rescue personnel have been working to trace the teenager’s possible route after he was swept away. Teams are searching both the drain and adjoining areas, while efforts remain focused on locating him as soon as possible.

As the search remains underway Mithun’s family is awaiting news from the rescue teams, hoping that the ongoing search will lead to his safe recovery.

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.”