• UGI USER
  • Jun 25, 2024
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UNDERSTANDING THE ENEMY AGENTS ORDINANCE IN JAMMU AND KASHMIR

Focus:

  • The Enemy Agents Ordinance, applicable in Jammu and Kashmir (J&K), allows for severe punishments such as life imprisonment or death for aiding militants, distinguishing it from the UAPA.

How are Trials Conducted Under the Ordinance?

  • Special Judge: Trials occur under a special judge appointed by the government in consultation with the High Court. The accused cannot have legal representation unless permitted by the court.
  • No Provision for Appeal: Verdicts are not appealable directly; they can only be reviewed by a person chosen by the government from High Court judges, whose decision is final.

History of Trials Under the Ordinance

  • Historical Context: Initially issued in 1917 during Dogra rule, it was incorporated as law post-Partition and underwent amendments, notably in 2019 after Article 370’s repeal.
  • Prominent Cases: Several Kashmiris, including Maqbool Bhat, founder of JKLF hanged in 1984, have been tried and sentenced under this ordinance, reflecting its significant impact in the region’s legal history.