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Enemy Agents Ordinance, 2005
Context :
Jammu and Kashmir Director General of Police (DGP) on Sunday said those found assisting militants in J&K should be tried by investigating agencies under the Enemy Agents Ordinance, 2005.
- The law is more stringent than the Unlawful Activities (Prevention) Act (UAPA) and has the punishment of either a life term or a death sentence.
Historical Background of the law
- The J&K Enemy Agents Ordinance was first issued in 1917 by the then Dogra Maharaja of J&K.
- It is referred to as an ‘ordinance’ since laws made during the Dogra rule were called ordinances.
- After Partition in 1947, the ordinance was incorporated as a law in the erstwhile state and was also amended.
- Post abrogation of article 370 security laws such as Enemy Agents Ordinance remained in J&K.
Salient features
Who is an enemy agent ?
- Enemy agent is one who is an enemy agent or, with an intent to aid the enemy, conspires with any other person to impede the Indian force .
Punishment
- Shall be punishable with death or rigorous imprisonment for life .
Trial under the law
- It is conducted by a special judge who is appointed by the government in consultation with the High Court.
- Accused cannot engage a lawyer to defend herself unless permitted by the court.
Appeal against the decision
- There is no provision for appeal against the verdict,
- The decision of the special judge can only be reviewed by a person chosen by the Government from the judges of the High Court and the decision of that person shall be final.
Ban on disclosure or publication of the case – Anyone tried for publication of case shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both.
Impact of the law
- Scores of Kashmiris have been tried and sentenced under the Enemy Agents Ordinance.
- Jammu Kashmir Liberation Front founder Maqbool Bhat, who was hanged in Tihar Jail in 1984, was charged under the ordinance.
Concerns
- Hampers Natural justice & Human right : Provisions such as no appeal against judgement hampers natural justice principle.
- Prone to misuse as there is a bar on disclosure of publication.
- Not in sync with whole of India : Post Article 370 Abrogation there should be uniformity in the laws of mainland India & J&K.
- Outdated law : With abrogation of Article 370 security situations have improved ,also judiciary has become vibrant thus such strict laws can be done away with.
Way Forwards
- After ten people were killed and scores of others injured in four terror incidents between June 9 and 12 in Reasi, Doda, and Kathua districts of Jammu there is need for stringent laws like Enemy Agents Ordinance, 2005.