J&K Enemy Agents Ordinance

Source– This post on J&K Enemy Agents Ordinance has been created based on the article “What is Enemy Agents Ordinance, tough law applicable in Jammu and Kashmir?” published in “Indian Express” on 25 June 2024.

Why in the news?

Recently, the Director General of Police (DGP) of Jammu and Kashmir stated that investigating agencies should try those found assisting militants in J&K under the Enemy Agents Ordinance, 2005.

About J&K Enemy Agents Ordinance

1. The J&K Enemy Agents Ordinance was first issued in 1917 by the Dogra Maharaja of Jammu and Kashmir. During the Dogra rule, all laws were called ordinances.

2. After India and Pakistan became independent countries in 1947, this ordinance became a law in Jammu and Kashmir and was later amended.

3. In 2019, when Article 370 of the Indian Constitution was repealed, the legal system of Jammu and Kashmir underwent several changes, including this law.

4. The ordinance states that anyone who is an enemy agent or helps the enemy in any way, such as by conspiring to harm Indian military or air operations, endangering lives, or committing arson, can be punished with death, life imprisonment, or rigorous imprisonment for up to 10 years. Additionally, they can be fined.

5. Trials under this ordinance are conducted by a special judge appointed by the government in consultation with the High Court. The accused person cannot hire a lawyer for defense unless the court allows it. There is no option to appeal the verdict.

6. The decision made by the special judge can only be reviewed by a person chosen by the government from the High Court judges, and this decision is final.

7. The ordinance also prohibits any disclosure or publication of the case details. Anyone who shares information about the proceedings or the individuals involved without government permission can be punished with up to two years of imprisonment, a fine, or both.

UPSC Syllabus: Polity and nation