Police to invoke Enemy Agents Act against those aiding Pak terrorists

DGP R R Swain speaking to media persons in Jammu on Sunday.
DGP R R Swain speaking to media persons in Jammu on Sunday.

‘Life imprisonment, death penalty only punishment’
*Kathua attack probe goes to SIA, 6 arrested

Sanjeev Pargal

JAMMU, June 23: Director General of Police (DGP) RR Swain said today that police proposed to invoke Enemy Agents Act/Ordinance, which is harsher than Unlawful Activities Prevention Act (UAPA) and has minimum sentence of life imprisonment, against terror supporters who aid and abet foreign terrorists in carrying out attacks here.
Swain announced that investigations in the terror attack in Hiranagar area of Kathua district in which two Pakistani terrorists were eliminated and a CRPF jawan was martyred have been handed over to the State Investigation Agency (SIA) and number of arrests made in the case has gone up to six.
The UT police chief was speaking to reporters after inauguration of Cyber Police Station at Bagh-e-Bahu on the outskirts of the City here this evening.
“I have spoken to a senior Law officer of the Police Department on whether Enemy Agents Ordinance Act can be invoked especially against those who aid and abet Pakistani terrorists. They will be treated as Enemy Agents. The Enemy Agents Act carries life imprisonment or death penalty and has no other punishment. This Act, introduced to counter Pakistani raiders or invaders in 1948, is much harsher than UAPA,” the DGP said.
He said the Enemy Agents Act or Ordinance was made against foreigners especially Pakistani invaders or raiders when they come to strike with a view to disturb, destabilize the Government elected by law and spread their ideology.
“The fighters (terrorists), however, don’t fall in the category of investigations. They have to face kinetic action but those who support the foreign terrorists have to be treated as Enemy Agents,” Swain said, adding the investigating agencies will invoke the Enemy Agents Act.

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He said if this is probed that the terrorist was a Pakistani or came from Pakistan and those who aided and abetted him can face the investigations under the Enemy Agents Act. However, the local terrorists can’t be brought under the purview of this Act.
He said special courts will be set up for trials of those arrested under Enemy Agents Ordinance.
Asserting that war against the terrorists will be won by police supported by Central Armed Police Forces (CAPFs) with the help of local people, Swain said he had always been saying that there are challenges in which there will be some losses but the enemy will be finally defeated. He assured the citizens that police personnel will take the first bullet.
“They (the Pakistan and terrorists) tried it in 1995 also but finally we prevailed. This time also, there will be decisive battle and we will win it in 2-3 months. We will try to neutralise the terrorists,” he added.
Referring to terror attack in Hiranagar sector of Kathua district, the police chief said number of the arrests has gone up to six and investigations in the case have been entrusted to the SIA. Reasi terror attack probe has already been given to the NIA.
“Main conspirator in Reasi attack has already been arrested, Follow up action on the disclosures and interrogation of the accused has been kept confidential. As the NIA will be investigating the case, it will not be good to bring it in public domain,” Swain said.
He batted for investigations into major terror attacks by the professional investigating agencies as many issues like conspiracies, facilitators, those who aided and abetted the attack have to be probed.
Replying to a question on Chattergalla and Gandoh encounters in Doda district, the DGP said they were not attacks in the sense that civilians were not targeted and were part of seek and destroy and search operations.
Asked about the presence of Pakistani regulars among the terrorists operating in Jammu region, he said, “It hardly makes any difference. It is a matter of tactics, for us he is an enemy whether he has come from a uniformed background, a jail or a terror factory.”
He added, “We will try to minimise such losses with the help of training, determination and tactics. We will defeat the enemy and if they think we are shying away just from the fear of losses, they are mistaken.”
Swain said the internet is emerging as a medium of sustaining terrorism and separatism in Jammu and Kashmir as the Pakistani handlers use the virtual world to push infiltrators and smuggle weapons into the Union Territory.
“Internet is becoming a medium of sustaining terrorism and separatism in J&K with 75 per cent of the challenge linked to it. Maybe some officers will put it between 60 to 80 per cent but making this statement, I am not far from the truth,” he said.
The DGP said cyber crime is broad in its context and it can actually go and touch other conventional crimes
“Foreign WhatsApp and telegram have diluted the sovereignty of our licensed telecom service providers by mounting their services and platforms. I have raised this issue at the highest level as this poses a security challenge,” he said.
Swain said that a Pakistan-based handler through their local agents conspired an attack using the internet.
“They plan, pick up a geo location for infiltration (of terrorists), dropping off arms, ammunition and explosives and when and where to pick it up without getting noticed using cyberspace,” he said.
The DGP said earlier the conspiracy to carry out an attack was chalked out at a physical meeting or through telephonic contact.
“We used to track and monitor the suspected telephone number but it is now smoked and everything has gone into the virtual world,” he added.
Highlighting the misuse and hijacking of technology by the adversary, Swain said a counter plan is needed to tackle the challenge as we cannot completely ignore the threat to national security in the name of privacy.
The DGP said they are not against privacy but crime in the name of privacy, whether at personal level or otherwise, fraud, extortion or blackmail, attempts to destabilize the Government, trigger civil strife or separatism cannot be tolerated.
“This is a challenge which we are facing as we look for answers to counter the challenge. Our country, law enforcement agencies and knowledgeable people will find the answers by strengthening cyber police stations. This fight will continue and we will win this war,” he said.
In the fight against terrorism, Swain said that cyber crime was not given due focus in Jammu and Kashmir over the years but now cyber police stations have been set up in all the 20 revenue districts of Jammu and Kashmir besides three police districts in the Union Territory.
The DGP said the cyber crimes mostly related to frauds by taking away money or exploitation of young boys and girls.
“A fraudster sitting in India can be identified easily but imagine a situation where the world has become borderless and transactions are cutting across nations with end users sitting outside the physical territory of India,” he said.