In Kashmir, friends of Pakistani terrorists are also enemy agents, Maqbool Bhatt was hanged because of this law of Maharaja Dogra

Ananya Shroff
5 Min Read

New Delhi: It is about 1917, when Maharaja Dogra of Jammu and Kashmir implemented an ordinance to protect his state from the evil eye of enemies, which was called Jammu and Kashmir Enemy Agent Ordinance. Actually, at that time the rules and regulations issued by the kings in the state were called ordinances or state orders. Since then this law is in force. This law is considered so strict that even those who help terrorists are considered terrorists and a provision for severe punishment has been made for him. Recently, Jammu and Kashmir Director General of Police RR Swain has also advocated its implementation. How strict is this law, what will happen with its implementation and we will know about its provisions.

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The enemy agents tremble at the ordinance and aid of terrorists

According to this, whoever is an agent of the enemy or whoever is an ally of the enemy, conspires with anyone else or helps the enemy or obstructs or instigates military or air operations of the Indian security forces, will be punished with death penalty or rigorous life imprisonment or rigorous imprisonment for up to 10 years. A fine will also have to be paid. After the partition of India, this ordinance was merged into the state law. It was also amended. Terrorists and their supporters from Pakistan also take refuge from this law. This law is considered even more stringent than the Unlawful Activities (Prevention) Act (UAPA). Death penalty or life imprisonment is given under this law.

Article 370 removed, but Enemy Agent Act continues

When the central government removed Article 370 giving special status to Jammu and Kashmir in 2019, many laws of the state were also abolished. However, the Enemy Agents Act remained intact. During that time the Public Safety Act also remained intact. But, the Ranbir Penal Code was replaced by the Indian Penal Code. The scope of the Scheduled Tribes and Other Traditional Forest Dwellers Act, 2006 or the Forest Act, the Scheduled Castes and Scheduled Tribes Act, 1989 was extended to Jammu and Kashmir.

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How can a person helping a terrorist be prosecuted under the Enemy Agents Act?

The government will appoint a special judge on the advice of the High Court, in whose court the trial under the Enemy Agent Ordinance will be held. In this case, the accused cannot even hire a lawyer. The accused can hire a lawyer for his defence only after the permission of the court.

Enemy Agent Act DGP RR Swan

Jammu and Kashmir Director General of Police RR Swain has advocated implementation of Enemy Agents Act in the state

There will be no appeal or debate against the decision.

The special thing is that no appeal can be made against this enemy agent law. Nor can any argument be given. This decision can be reconsidered only by a judge selected by the government from among the judges of the High Court. The decision of this judge will be considered final, there will be no appeal against it.

There is also a ban on publishing the hearing of the case

Under this law, there is a ban on telling anything about the case or publishing its proceedings during the trial. For this, prior permission has to be taken from the government. If someone does this intentionally, he can be punished, which can be extended to 2 years. Along with this, a fine can also be imposed.

Enemy Agents Act Pakistan

This act will crack down on those helping terrorists in Jammu and Kashmir

Has anyone been punished under this law yet?

Many Kashmiris have been prosecuted under the Enemy Agents Act so far. Many have also been punished. A big example of this is the case of Maqbool Bhatt, founder of the separatist organization Jammu and Kashmir Liberation Front, who was convicted under this law and hanged in Tihar Jail in 1984.

What is UAPA law, how much change has come in it?

The UAPA Act is also called the Anti-Terrorism Law. The UAPA was amended in 2019. According to the new amendment, now the central government can declare any person or group of persons as a terrorist without any formal judicial process.

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