Former J&K Chief Minister and PDP president Mehbooba Mufti has expressed deep concern over the Jammu and Kashmir Police’s decision to invoke the Enemy Agents Ordinance (EAO) against those suspected of aiding foreign terrorists in the region.
This reaction comes after DGP RR Swain announced that the J&K police would use the EAO, an old law from the Dogra Maharaja era, to prosecute individuals assisting militants. Mufti criticised this move, describing the ordinance as draconian and a significant breach of justice.
Mufti emphasised that the EAO lacks clear criteria for determining guilt, making it problematic to prove someone's involvement in militancy. She argued that the ordinance's vague definitions and potential for misuse threaten constitutional rights and justice.
Legal and political activists echoed Mufti’s concerns, questioning how authorities could differentiate between those assisting militants willingly and those coerced into it. They also highlighted the risk of prolonged legal battles due to the law's loopholes.
Earlier this week, DGP Swain stated that those found supporting militants would face prosecution under the EAO, which prescribes severe penalties, including life imprisonment, death, or imprisonment for up to 10 years. He declared that fighters should be dealt with harshly, and their supporters treated as enemy agents.
Mufti condemned the use of such archaic laws, asserting that they violate human rights and are incompatible with constitutional principles. She urged the government to address security concerns without trampling on constitutional rights and the rule of law.
The EAO, originally promulgated by the Maharaja after the 1947 tribal raid, was later adopted by the J&K Government. Following the abrogation of Article 370, it was adopted by the Central Government under the J&K Reorganisation Act.
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