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Terrorists’ associates to be tried under Enemy Agents Ordinance: DGP

He stated the sentence prescribed in (J&K’s) Enemy Agents Ordinance was minimum life imprisonment or death.
05:17 AM Jun 24, 2024 IST | SHUCHISMITA
terrorists’ associates to be tried under enemy agents ordinance  dgp

Jammu, June 23: Director General of Police (DGP) R R Swain Sunday asserted that terrorists in Jammu region would be eliminated very soon and warned that the associates of terrorists would be tried under the Enemy Agents Ordinance, an act harsher than UA(P)A.


“Terrorists can take advantage of difficult terrains and technology for some time, as they had tried to create turmoil and spread a reign of terror (in Jammu region) during the period of 1995-2007 yet finally they were defeated. We will have to remain resolute and so we’re. We are determined to annihilate them at the earliest possible, may be within a span of two to three months,” he said.


DGP was responding to media queries after inaugurating a newly constructed building of Cyber Police Station, Jammu zone - adjoining to Police Station Bagh-e-Bahu here this evening.


“In the past one month or so we’ve seen (terror) acts by foreign terrorists here. A kind of contemplation is going on amongst us (police force). I was deliberating with a senior Law officer of police - Can we implement (use) Enemy Agents Ordinance here (in case of foreign terrorists)? In J&K, we have a special law called the “Enemy Agent Act.” It’s invoked to tackle the foreign raiders or invaders, especially from Pakistan, entering this side with an objective to create civil strife, terror and to disturb or destabilise the government established by law. What else is their (terrorists’) objective other than to intimidate so as to create a reign of terror and propagate their ideology by force?” DGP stated while explaining the rationale behind the contemplation to try supporters of terrorists under Enemy Agents Ordinance.


“You have asked me a question related to investigation (regarding recent terror attacks in Jammu). These fighters (foreign mercenaries) cannot be simply brought under investigation or made to accept rule of law. The only way-out to eliminate them is, as ADGP Law and Order Vijay Kumar says, to shoot them dead in kinetic action. However, as far as matter related to their support system and bringing their supporters (associates) under the purview of investigation is concerned, as I’ve earlier also stated that they (terrorists’ associates) will be treated as enemy agents,” Swain said.


He stated the sentence prescribed in (J&K’s) Enemy Agents Ordinance was minimum life imprisonment or death.


“There is no provision of sentence other than this (in the Act). It is harsher than UA(P)A i.e., Unlawful Activities (Prevention) Act, 1967. There they are described as terror associates. I’m sure our investigative agencies will bring associate(s) of terrorists, acting as an agent of the enemy, who are coming from outside; having no locus standi here, to kill our unarmed innocent people, under the purview of this (Enemy Agents) Ordinance and will bring them to justice,” DGP said.



In response to a question as to how it (bringing collaborators under the purview of Enemy Agents Ordinance) will make a difference on the ground, Swain said, “It (difference) will be on two accounts. One will be the standard of evidence and secondly – (it’ll be) the quantum of offence. Special courts would have to be established according to this Act. They will be tried by a special judge. If it is proved, there’s no less punishment other than life imprisonment or death sentence. So there are two benefits or two angles to it. All I’ve to prove is – there’s a foreigner - terrorist, raider or invader and I’ll have to prove that a particular person has assisted him, aided or abetted, by any means (irrespective of the results). That’s all. I’ve made my case.”

“In a way, in this case UA(P)A’s investigation and evidence will overlap, we’ll have an intersection. But the difference here is – it (Enemy Agents Ordinance) is a harsher law,” he said.


When asked about the involvement of Pakistani soldiers in terror acts, DGP said that it would not make any difference to them (JKP or other security forces) as they (mercenaries) were simply enemies to them given their acts to harm unarmed civilians.

“If they are not caught alive, we suppose. If they are caught once, we will know the whole truth. Till the time, given the way, they are fighting or terrorising and as per their modus operandi, they don’t hesitate in killing an unarmed, innocent person, this is a tactic - for us they are simply enemy - whether they come from a uniformed background; from a jail or from a terror factory,” he said.


Regarding potential threat to Amarnath Yatra, DGP said, “I’ve always said that this fight (against terror) will be won with the help of the people; the group of VDGs, SPOs and local police, supported by our central armed forces. When this war-like situation or a terrorist challenge of this nature is imposed on us, there will be some losses. We will try to minimize the losses with the help of our training, determination and tactics.”

“There could be losses on the civilian side but certainly the enemy will get a crushing defeat. If they are thinking that we’re shying away from this just because of fear of losses, I would urge my countrymen, citizens of Jammu and Kashmir that the first bullet will be taken by a policeman,” Swain said while citing the example of recent Gandoh encounter where after shifting injured cop to place of safety, other personnel again went to counter the terrorists.


Responding to a question related to the modus operandi of terrorists in recent terror attacks, DGP Swain said that in the Kathua incident (Hiranagar terror attack), six arrests were made.

“This (Hiranagar) case has been handed over to the State Investigation Agency (SIA). The Reasi terror attack case has been entrusted to the National Investigation Agency. As you know, the main conspirator in that case has been apprehended. Upon his disclosures, follow up actions, being taken, are within the realm of confidentiality. Moreover, since NIA has already taken over this case, it will not be proper to talk about the proceedings of investigation in the public domain,” he said.

“We are actively considering that as far as possible, such terror attacks should be entrusted to professional (investigative) agencies. So that they can investigate them in a sustained manner and unravel conspiracies; persons involved; facilitators; those aided or abetted,” he said.

With regard to Doda, Chattargala incidents, he said, “They are not (terror) attacks in the sense. They are not attacks on the civilians. They are part of “seek and destroy” search actions.”