J&K’s Enemy Agents Ordinance

Syllabus - Polity [GS Paper-2]

26/06/2024

261 2 minutes read

Context

As per the J&K Director General of Police (DGP), investigating agencies should prosecute anyone discovered aiding militants in J&K under the Enemy Agents Ordinance 2005.

About

It was first issued in 1917 by the then Dogra Maharaja of J&K and is referred to as an ‘ordinance’ since legal guidelines made at some point of the Dogra rule have been known as ordinances.
After Partition in 1947, the ordinance was incorporated as a law in the erstwhile nation and was also amended.
The Enemy Agents Ordinance 2005 (1948) was promulgated under Section 5 of the Jammu and Kashmir Constitution Act 1996.
In 2019, while Article 370 of the Constitution changed into repealed, J&K’s legal framework additionally underwent several adjustments.
The J&K Reorganisation Act indexed out country legal guidelines that had been to continue at the same time as several others had been repealed and changed with Indian laws.
For example, while the security laws along with Enemy Agents Ordinance and Public security Act remained, the Ranbir Penal Code was changed with the Indian Penal Code.

What are the Salient Provisions of the J&K Enemy Agents Ordinance?

An “enemy” agent: Anyone who conspires with another character to carry out an act supposed to aid the enemy.
Punishment: Enemy dealers will be punished with dying or rigorous imprisonment for life or with rigorous imprisonment for a term which may also extend to ten years and shall additionally be at risk of quality.

Trials under the ordinance

Trials under the ordinance are performed by a specific decision who’s appointed by the authorities in consultation with the High Court.
Under the ordinance, the accused can not engage a lawyer to guard herself unless permitted by the court.

Appeal in opposition to the verdict

There is no provision for attraction towards the verdict.
The decision of the special choice can only be reviewed by someone chosen (by the Govt) from the judges of the HC and the choice of that person will be final.
Bar on ordinance: The ordinance additionally bars (without the preceding authorisation of the Government) any disclosure or ebook of the case attempted under it.
Has this ordinance led to any trials?
- There are numerous Kashmiris who’re or were attempted and sentenced under the Enemy Agents Ordinance.

Source: The Indian Express