Enemy Agents Ordinance: What is it, Why was Maqbool Bhat Executed, and Why is it in the News Now?
||Black and White Digital News ||
||Parvinder Singh June 29, 2024||
The Enemy Agents Ordinance led to the execution of terrorist Maqbool Bhat, who was sentenced to death and hanged in Delhi’s Tihar Jail on February 11, 1984. Bhat was found guilty of murdering CID Inspector Amar Chand.
Recently, the Jammu and Kashmir police chief R.R. Swain proposed prosecuting those aiding terrorists under the Enemy Agents Ordinance. This law is stricter than the Unlawful Activities (Prevention) Act (UAPA), providing for death penalties, life imprisonment, and fines.
The Enemy Agents Ordinance was first introduced in Jammu and Kashmir during the Dogra Maharaja’s reign in 1917. The term “ordinance” reflects the naming convention of laws during the Dogra era. This ordinance targets agents or helpers of enemies rather than the enemies themselves. It defines “enemy” in the context of the tribal invasion of Kashmir in 1947. Anyone aiding the enemy is considered an enemy agent.
The ordinance was re-enacted as a law in 1948. It was later incorporated and protected under Section 157 of the Jammu and Kashmir Constitution in 1957. After the abrogation of Article 370, significant security laws like the Enemy Agents Ordinance and the Public Safety Act (PSA) were retained. Some laws, like the Ranbir Penal Code (RPC), were replaced with the Indian Penal Code (IPC).
Under the Enemy Agents Ordinance, trials are conducted by special judges appointed by the government in consultation with the High Court. Accused individuals cannot hire a lawyer without court permission, and there is no provision for appeal unless a death or life imprisonment sentence is given. In such cases, a review by a government-appointed officer will be conducted, and their decision is final.
Additionally, records of trials under this law are only accessible to the accused and their lawyer. No third party can view them. Disclosing or publishing any information about the trial or the accused without government permission can result in up to two years of imprisonment or a fine.
The ordinance is being discussed for its stringent measures as the Jammu and Kashmir administration aims to take strict action against those aiding terrorists.
