From UPSC perspective, the following things are important :
Prelims level: Enemy Agents Ordinance, UAPA
Why in the News?
- J&K Director General of Police stated that individuals assisting militants in J&K should be tried under the Enemy Agents Ordinance, 2005.
- The Enemy Agents Ordinance is more stringent than the Unlawful Activities (Prevention) Act (UAPA), 1967 with punishments including life imprisonment or death sentence.
Enemy Agents Ordinance: An Overview
- It was first issued in 1917 by the Dogra Maharaja of J&K, the ordinance remains in effect.
- The ordinance mandates death or rigorous imprisonment for life, or imprisonment up to 10 years with a fine for aiding the enemy or engaging in actions detrimental to Indian military operations.
- Its Evolution:
- Post-Partition Incorporation: The ordinance was retained as a law in J&K post-1947 and amended over time.
- Changes Post-2019: Following the repeal of Article 370, the Jammu and Kashmir Reorganisation Act retained the Enemy Agents Ordinance and other security laws while replacing many state laws with Indian laws, such as the Indian Penal Code.
Trial Procedures under the Ordinance
- Special Judge Appointment: Trials are conducted by a special judge appointed by the government in consultation with the High Court.
- Legal Representation: Accused individuals can only engage a lawyer if permitted by the court.
- No Appeal Provision: Verdicts can only be reviewed by a High Court judge chosen by the government, with the decision being final.
- Publication Bar: Unauthorized disclosure or publication of trial information is punishable by imprisonment up to two years, fine, or both.
Notable Application of the Ordinance
- Notable Cases: Many Kashmiris have been tried under the ordinance, including Maqbool Bhat, the founder of Jammu Kashmir Liberation Front, who was hanged in Tihar Jail in 1984.
- Current Context: The Enemy Agents Ordinance continues to be a critical tool in addressing militant assistance in J&K, reflecting the stringent legal measures in place to maintain security.
PYQ:[2019] The banning of ‘Jamaat-e-Islami’ in Jammu and Kashmir brought into focus the role of over-ground workers (OGWs) in assisting terrorist organizations. Examine the role played by OGWs in assisting terrorist organizations in insurgency affected areas. Discuss measures to neutralize the influence of OGWs. [2019] Indian government has recently strengthen the anti-terrorism laws by amending the unlawful activities (Prevention) Act, (UAPA), 1967 and the NIA Act. Analyze the changes in the context of prevailing security environment while discussing scope and reasons for opposing the UAPA by human rights organisations. |
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