Enemy Agents Ordinance, Harsher Than UAPA, Should Be Used Against Terrorist Associates In Jammu-Kashmir: DGP Swain

According to Jammu and Kashmir DGP R R Swain, those found aiding terrorists in Jammu and Kashmir should be prosecuted under the Enemy Agents Ordinance, which is much stricter than the UAPA and carries the penalties of life imprisonment or death.

"In Jammu and Kashmir, we have a special law — the Enemy Agents Ordinance," Swain informed reporters after inaugurating a cyber police station building. He further explained that the law was created to address foreign fighters and invaders, particularly from Pakistan, who aim to disrupt and destabilise the government.

"These fighters are not the type to be subjected to investigation. They need to be dealt with through kinetic action, meaning they should be shot. As for those who support them, if we are talking about investigation, I have said they will be treated as enemy agents," Swain stated.

"The Enemy Agents Ordinance prescribes a minimum punishment of life imprisonment or death. There is no other option. It is a harsher law than the UAPA," he added. "It mentions terrorist associates. Those who come here to kill our unarmed and innocent people and those who assist them, I am sure our investigating agencies will bring them under the purview of the Enemy Agents Ordinance."

The Enemy Agents Ordinance, 2005 (1948), was promulgated under Section 5 of the Jammu and Kashmir Constitution Act, 1996. It defines an "enemy" as any person, directly or indirectly, participating or assisting in the campaign by raiders from outside to subvert the government established by law in the Union Territory of J&K.

An "enemy agent" is described as someone not operating as a member of the enemy armed forces, but who is employed by, works for, or acts on instructions from the enemy.

Emphasising that the fight against terror will be won with the support of the people, including Village Defence Groups, SPOs, local police, and central armed forces, DGP Swain acknowledged that there will be some losses in this fight.

"In this war-like situation or when faced with a terrorist challenge of this nature, there will be some losses," he said. "We will strive to minimise these losses with the help of our training, determination, and practice."