‘Emotions can’t override military discipline’: Tribunal upholds Army action against Brigadier over Topa Pir custodial killings

On August 20, the Chandigarh Bench of the Armed Forces Tribunal (AFT) upheld the Indian Army's decision to impose "severe displeasure" on Brigadier P Acharya related to the 2023 custodial killings of three civilians during alleged torture by Rashtriya Rifles troops under his command in Topa Pir, Jammu and Kashmir. The tribunal ruled that "emotions cannot override military discipline and the legal obligation to treat civilians humanely" for troops involved in subsequent operations after the loss of their comrades in a terrorist ambush.

Three men from Topa Pir were detained for questioning following an ambush on December 21, 2023, which resulted in the deaths of four soldiers and injuries to three others. A day later, three of those detained were found dead with injuries indicating torture. While acknowledging the intense emotions among troops due to the loss of their comrades, the tribunal noted that these emotions could not override their military discipline and legal obligations.

The tribunal observed that the soldiers, having lost their brothers-in-arms, could understandably have developed "revenge" emotions, but emphasized that discipline, instilled through rigorous training, required them to exercise restraint and follow plans to trace the culprits. The tribunal held that in the conflict between human emotions and the requirement of discipline, based largely on Supreme Court law, the latter must prevail.

The incident, which resulted in the deaths of three civilians and the hospitalization of nearly a dozen others with torture marks, sparked anger among local residents and led to demands for accountability. Notably, Defence Minister Rajnath Singh visited Rajouri in the same month to meet the families of the deceased civilians and assure them of justice.

The Nagrota-based 16 Core Headquarters initiated a Court of Inquiry to investigate the circumstances surrounding the deaths, leading to Brigadier Acharya's award of "severe displeasure" for two years in July 2024.