Those helping terrorists should be tried under Enemy Agents law: J&K DGP

“Yeh fighters toh is tarah ki investigation ke dairey mein aaney wale nahin hain. Inko toh kinetic action mein goli mar kar dher karna hai. Inko jo support ki baat chal rahi hai, agar uss mein investigation ki baat kar rahen hein, to maine kahin kaha hai ki they will be treated as enemy agents. (The fighters can’t be brought under the realm of investigation, they should be shot dead. Those who support them, if we are talking of investigation there, I’ve said somewhere that they will be treated as enemy agents),” Swain said.

“Enemy Agent [Ordinance] mein minimum saza hai life imprisonment or death. There is no other option in punishment. It is a harsher law than UAPA,” he said. “Uss mein mention hai terrorist associate. Woh log jo hamaare yahan aake nihatte aur bekasoor logon ko maarne ke liye aarahein hain, unko jo saat lete hain, unko I am sure humari investigation agencies iske daayere main laayenge. (Terrorist associate is mentioned there. When they (terrorists) come here to kill our unarmed and innocent people and those who taken them along, I am sure that our investigating agencies will bring them under the purview of the Enemy Agents Ordinance),” he said.

The Enemy Agents Ordinance, 2005 (1948) was promulgated under Section 5 of the Jammu and Kashmir Constitution Act, 1996. It describes “enemy” as “any person, directly or indirectly, participating or assisting in the campaign undertaken by raiders from outside in subverting the Government established by law in the [Union territory of J&K]”.

“Enemy agent”, according to it, means a person not operating as a member of enemy armed force, who is employed by or works for or acts on instructions received from the enemy.

Crimes under the Ordinance are punishable with death or rigorous imprisonment for life or with rigorous imprisonment for a term which may extend to 10 years and shall also be liable to fine.

Pointing out that the fight against terror will be won with the help of the people, including Village Defence Groups, SPOs, local police supported by Central armed forces, DGP Swain admitted that there will also be some losses in this fight.

“I always say that in this war-like situation or when terrorist challenge of this nature is imposed on us, there will be some losses,” he said. “We will try to minimise these losses with the help of our training, determination and practice.”