Invoking Enemy Agents Ordinance disturbing: Mehbooba Mufti

Our Correspondent

Srinagar, June 28

Former CM and PDP president Mehbooba Mufti has termed the Jammu and Kashmir Police’s move to invoke the Enemy Agents Ordinance (EAO) to deal with those supporting militancy as deeply disturbing.

Mufti’s remark comes days the police invoked the old law from the era of Dogra Maharajas. She said, “The Jammu and Kashmir Police’s recent decision of invoking the draconian Enemy Agents Ordinance from the Maharaja’s era against its own citizens on mere suspicion of abetting and aiding militants is not only deeply concerning, but a major breach of justice.”

Stricter than UAPA

• Early this week, Jammu and Kashmir DGP RR Swain had said that those found assisting militants in J&K would be tried by investigating agencies under the Enemy Agents Ordinance, 2005.
• The law is more stringent than the UAPA. It prescribes punishment of either a life term or death sentence or imprisonment for up to 10 years.

Early this week, the Jammu and Kashmir DGP RR Swain had said that those found assisting militants in J&K would be tried by investigating agencies under the Enemy Agents Ordinance, 2005. The law is more stringent than the Unlawful Activities (Prevention) Act (UAPA). It prescribes punishment of either a life term or death sentence or imprisonment for up to 10 years.

“The fighters can’t be brought under the realm of investigation, they should be shot dead. Those who support them will be treated as enemy agents,” the DGP had said.

However, former CM said these archaic laws violate human rights and the punishments accompanying these were grossly incompatible with principles and values of justice enshrined in the Constitution. “The Indian government’s quest to address security concerns should not come at the cost of trampling constitutional rights and eroding the very rule of law.”

As the DGP stated, EAO refers to “terrorist associates” and those who come here to kill “our unarmed and innocent people and those who assist them”. The EAO, was promulgated by Maharaja following the tribal raid in 1947 and later it was adopted by the J&K Government. After abrogation of Article 370, the ordinance was adapted by the Central Government under J&K Re-organisation Act.

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