Friends of Pakistani terrorists in Kashmir are also enemy agents, Maqbool Bhatt was hanged due to this law of Maharaja Dogra

New Delhi: It was in 1917, when Maharaja Dogra of Jammu and Kashmir implemented an ordinance to protect his/her kingdom from the evil eye of enemies, which was called Jammu and Kashmir Enemy Agent Ordinance. Actually, the rules and regulations issued by the kings in the kingdom at that time were called ordinances or state orders. This law has been in force since then. This law is considered so strict that anyone helping terrorists is also considered a terrorist and severe punishment has been provided for them. Recently, Director General of Police of Jammu and Kashmir 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.

Enemy Agents tremble at the ordinance and aides of terrorists

According to this, whoever is an agent of the enemy or whoever is an ally of the enemy, conspires with someone 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 with the state law. It was also amended. Terrorists and their supporters from Pakistan also seek refuge from this law. This law is considered to be even more stringent than the Unlawful Activities (Prevention) Act (UAPA). Death penalty or life imprisonment is given under this law.

Article 370 was removed, but the enemy agent law continued

When the central government removed Article 370, which gave special status to Jammu and Kashmir in 2019, many laws of the state were also abolished. However, the Enemy Agent Act remained. During that time, the Public Safety Act also remained. 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, Scheduled Castes and the Scheduled Tribes Act, 1989 was extended to Jammu and Kashmir.

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

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

There will be no appeal or argument against the verdict.

The special thing is that no appeal can be made against this enemy agent law. Nor can any argument be given. This decision can only be reconsidered 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 disclosing 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/she can be punished, which can be extended to 2 years. Along with this, a fine can also be imposed.

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, the founder of the separatist organization Jammu-Kashmir Liberation Front, who was convicted under this law and hanged in Tihar Jail in 1984.

What is UAPA Act, how much has it changed

The UAPA Act is also called the Anti Terror Law. 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.