What is the Enemy Agents Ordinance law?

June 26, 2024

Recent comments from R R Swain, who is the Director General of Police in Jammu and Kashmir, show how complicated security measures are in the area. Swain suggested that people caught helping militants should be charged under the strict Enemy Agents Ordinance of 2005, which has harsh punishments like life in jail or the death penalty.

Understanding the Enemy Agents Ordinance

The Enemy Agents Ordinance was originally issued in 1917 by the Dogra Maharaja of Jammu and Kashmir during their princely rule. It was made so that enemies couldn’t work together during battle. After the partition in 1947, the law became part of the old state’s legal system and was later changed to better fit the new geopolitical conditions. After Article 370 was taken away in August 2019, Jammu and Kashmir’s laws were changed in a big way. Some state laws, like the Enemy Agents Ordinance, were kept in place by the Jammu and Kashmir Reorganisation Act. However, many others were thrown out or changed to match national laws.

Legal Provisions of the Enemy Agents Ordinance

People who are accused of working as an enemy agents or helping enemy groups against the national interest can be given harsh punishments under this law. A special judge was chosen with input from the High Court to try the people who are charged. Interestingly, the ordinance limits the right to a lawyer, allowing it only with court permission, and it blocks any appeals against the decision of the special judge. In addition, the Ordinance says that no information about the procedures can be shared without permission. People who do this will be punished with jail time or fines.

Prominent Cases and Proceedings

Over the decades, numerous individuals in Jammu and Kashmir have been tried under the Enemy Agents Ordinance. Notable cases include Maqbool Bhat of the Jammu Kashmir Liberation Front, who was executed in 1988 under this law. Such cases show the continued relevance and application of this ordinance in the region’s complex security and legal landscape.

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