Enemy Agents Ordinance: Invoking draconian law a major breach of justice: Mehbooba

enemy agents ordinance: invoking draconian law a major breach of justice: mehbooba

Mehbooba Mufti

Peoples Democratic Party president Mehbooba Mufti on Friday criticised the decision of Jammu and Kashmir Police to invoke Enemy Agents Ordinance against citizens helping foreign militants.

Her remarks came after J&K director general of police RR Swain on Sunday said that locals found supporting foreign terrorists will now be dealt under the Enemy Agents Ordinance.

“Locals found supporting foreign terrorists will be dealt with by the enemy agents ordinance which carries a minimum sentence of life imprisonment or death. This act, introduced to counter Pakistani raiders or invaders in 1948, is much harsher than UAPA,” the DGP had said.

Mufti called the Act archaic and not compatible with principles of justice enshrined in the Constitution.

“Jammu Kashmir police’s recent decision of invoking the draconian Enemy Ordinance Act from the Maharaja’s era against its own citizens on mere suspicion of abetting & aiding militants isn’t only deeply concerning but a major breach of justice,” Mufti said on social networking site X.

Under the EAO any person found guilty can be sentenced to death or life imprisonment. An accused under the ordinance can’t hire a lawyer to defend himself or herself unless allowed by the court.

Mufti said that the law violates human rights. “These archaic laws violate human rights & the punishments accompanying it are grossly incompatible with principles & values of justice enshrined in the Constitution,” she said.

“GOIs quest to address security concerns shouldn’t come at the cost of trampling constitutional rights & eroding the very rule of law,” she said.

The Jammu region’s Pir Panjal and Chenab areas have been affected by a spike in attacks on civilians and security forces owing to an increased presence of terrorists.

Four back to back attacks and encounters starting June 9 in Jammu caused a major upheaval in the region. The first attack came on June 9 in Reasi, when terrorists opened fire on a bus of devotees which subsequently lost control and fell into a gorge, leaving 9 dead and 42 injured. In the two separate encounters in Doda and Kathua on June 11, spilling into next day, one CRPF official was killed, six other security personnel and one civilian injured. Two terrorists were killed in the exchange of fire in Kathua.

On June 12, a police constable was injured during an encounter with terrorists at Kota Top, Gandoh in Doda district. Subsequently, police released the sketches of four terrorists roaming in upper reaches of the district.

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