Enemy Agents Ordinance

The Director General of Police (DGP) of Jammu and Kashmir (J&K) stated that individuals found assisting militants in J&K should be prosecuted under the Enemy Agents Ordinance, 2005.

Historical Background

• The ordinance was initially issued by the Dogra Maharaja of Jammu and Kashmir in 1917.
• It is referred to as an “ordinance” because laws during Dogra rule were termed ordinances.
• After the partition in 1947, it was incorporated into law and subsequently amended.
• The Jammu and Kashmir Reorganization Act, passed in 2019, replaced some state laws with Indian laws and specified which ones would remain in place. The Public Safety Act and the Enemy Agents Ordinance, among other security laws, continued to persist.

Enemy Agents Ordinance

• The ordinance stipulates that any enemy agent or anyone conspiring to aid the enemy by performing acts likely to assist the enemy or impede Indian military or air operations is punishable.
• Punishments include death, rigorous imprisonment for life, or rigorous imprisonment for a term extending up to 10 years, along with a fine.
• Maqbool Bhat, the founder of the Jammu Kashmir Liberation Front, was hanged in Tihar Jail in 1984 after being charged under the Enemy Agents Ordinance.

Trials Under the Ordinance

• Trials are conducted by a special judge appointed by the government in consultation with the High Court.
• The accused cannot employ a lawyer for their defense unless permitted by the court. There is no provision for an 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 this decision is final.
• The ordinance prohibits the disclosure or publication of case details without government authorization.