New Delhi: A Central Reserve Police Force (CRPF) constable accused of “espionage” and “secessionism” and two men “suspected” to have helped Pakistanis cross over to India with 36 kg heroin — both in 2022 — are facing the rarely used Enemy Agents Ordinance in Jammu and Kashmir, ThePrint has learnt.
In both cases, the Unlawful Activities (Prevention) Act (UAPA) was also invoked and chargesheets have been filed. Moreover, the trial in both cases has also begun.
Although the ordinance was in place for more than a century, and used only “occasionally”, it was “deemed necessary” to invoke sections under this law for these two cases, a source in the security establishment said.
Originally promulgated by the Dogra Maharaja (considered a sovereign power), the Enemy Agents Ordinance was first issued in 1917. It is referred to as an ordinance since the laws made during the Maharaja’s rule were referred to as ordinances and did not require ratification from the legislature.
According to the source, the law was made to tackle foreign fighters and ‘invaders’, especially from Pakistan, who infiltrate and try to disturb and destabilise the government.
“This is to bring the agents of the enemy to book. By agents, the law means people who provide logistical support to terrorists and act as their friends, and as enemies of the state, to facilitate their nefarious plans,” the source said.
“In both of these cases, it was deemed fit to invoke sections of this act as the accused were acting as agents of the enemy. In the case of the CRPF constable, he was providing crucial information to the enemy, and in the second case, the two men were facilitating foreign terrorists.”
J&K Director General of Police R.R. Swain had told ThePrint that it is in the wake of foreign terrorists spreading terrorism in J&K with help from their “agents” — local residents giving them logistical assistance — that this law is being explored and will be used more frequently.
The J&K Police is looking to use the law more often in the wake of the recent attacks in Jammu, a police source said.
“Between 1995 and 2005, the Peer Panjal and Chenab valley region faced several massacres. By putting up a joint fight with the public, the police were able to eliminate all foreign terrorists. Given the track record of J&K Police, especially DGP Swain, this too will be dealt with,” the source told ThePrint.
Once booked under this law, there is no appeal and the punishment is either life imprisonment or a death sentence.
“Whoever is an enemy agent or, with intent to aid the enemy, does, or attempts or conspires with any other person to do any act which is designed or likely to give assistance to the military or air operations of the enemy or to impede the military or air operations of Indian forces or to endanger life or is guilty of incendiarism shall be 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,” the ordinance reads.
Section 3 of the law says that even failure to inform the nearest police station and the magistrate of the presence and activities of foreign terrorists, not to speak of providing any kind of help, may constitute guilt.
The Jammu & Kashmir Police has maintained that a distinction would be made between those who provide food and shelter out of fear, mostly at gunpoint, and those who harbour terrorists, prepare hideouts for them and help them in other ways, either for money or because they believe in the idea of going against the nation.
Also Read: Revival of infiltration routes, dried intel — what’s fuelling surge in terror attacks in Jammu
The two cases
On 18 May 2022, a case was registered against CRPF constable Zulafqar Ali, in an espionage case for running activities supporting “secessionism” and running the “terror ecosystem”. Posted in 171 Battalion of CRPF, he was allegedly passing on confidential information including photos of vital installations to
handlers in Pakistan.
Apart from Section 3 of the ordinance, he was booked under Section 121 (waging, or attempting to wage war, or abetting waging of war, against GoI) of IPC, relevant sections of the Prevention of Corruption Act and the UAPA, and the Official Secrets Act.
The accused was arrested on 19 May 2022, from Anantnag, and a mobile — Samsung Galaxy F41 — was recovered and seized from him.
According to police sources, incriminating data like “photos of vital installations, videos, audio, official confidential documents etc were found to have been shared through WhatsApp to Pak-based handlers.”
“The accused was put to sustained questioning. His disclosure statement was recorded in the presence of a magistrate, and other witnesses. Upon his disclosure, identification photos, videos, audio shots were taken from the incriminating material found in his mobile phone,” the above-mentioned source said.
The chargesheet was filed on 12 October that year and charges were framed 30 November. The case is at the witness stage.
In the other case, registered 6 February 2022, Gurpreet Singh, Manpreet Singh and Dalbir were accused of “terror funding through narcotics trade.”
According to police sources, on 6 February, three to four Pakistan-based narcotics smugglers attempted to breach the fence at the international border near Border Outpost Glad, Samba and dumped 36 kg of heroin on the Indian side.
The Border Security Force personnel challenged the smugglers, and three were killed while one escaped. Later three bodies, the heroin consignment, pistol with ammunition, Pakistani currency, and a plastic pipe were recovered from the spot.
Investigators found that on the morning of 6 February, just after the incident, Gurpreet and Manpreet were roaming “suspiciously” near the border area.
The duo was booked under sections of the UAPA, the Arms Act, the Enemy Agents Ordinance and the Foreigners Act. “They were found to be involved in facilitating the Pakistani intruders,” the source said.
The chargesheet was filed on 10 August that year and the case is at the argument stage.
(Edited by Tony Rai)