Those found aiding terrorists in Jammu and Kashmir should be prosecuted under the Enemy Agents Ordinance, which is more severe than the Unlawful Activities (Prevention) Act (UAPA) and carries punishments of either life imprisonment or the death sentence, said J&K DGP R R Swain on Sunday.
Speaking at the inauguration of a cyber police station building, Swain highlighted the unique legal framework in the region. “In Jammu and Kashmir, we have a special law — the Enemy Agents Ordinance,” he said. This law was established to counter foreign fighters and invaders, particularly from Pakistan, who aim to disrupt and destabilize the government.
“These fighters cannot be brought under regular investigation; they should be dealt with through kinetic action and eliminated. However, those who support them will be treated as enemy agents,” Swain said.
The Enemy Agents Ordinance, he said, prescribes life imprisonment or the death penalty as the minimum punishment. “There is no other option in punishment. It is a harsher law than the UAPA,” Swain added. He expressed confidence that those assisting terrorists would be prosecuted under this stringent law.
The Ordinance, promulgated under Section 5 of the Jammu and Kashmir Constitution Act, 1996, defines an “enemy” as anyone participating or assisting in campaigns by external raiders to subvert the legally established government. An “enemy agent” is described as someone not part of the enemy’s armed forces but working for or receiving instructions from the enemy.
Swain stressed the critical role of local support in combating terrorism, acknowledging that the fight would entail some sacrifices. “The fight against terror will be won with the help of the people, including Village Defence Groups, Special Police Officers (SPOs), local police, and Central armed forces,” he said. “We will try to minimize these losses through training, determination, and practice.”
The DGP’s remarks underline the intensified approach towards dealing with terrorism and its supporters in the region, aiming to ensure greater security and stability in Jammu and Kashmir.