Special laws to remain in force

12/08/2019

We live in a world that has walls and those walls need to be guarded by men with guns. In J&K several special laws, which were enacted by the State from time to time keeping in view the security aspect and to check movement of anti-national elements and their agents, will continue to remain in force in the Union Territory of Jammu and Kashmir and Union Territory of Ladakh. These laws have not been touched by the Union Ministry of Home Affairs in the Jammu and Kashmir Reorganization Act, 2019 whereby more than 100 Central Laws will get extended to the Union Territory of Jammu and Kashmir and Union Territory of Ladakh. This has been decided as these special laws will continue to play crucial role in ensuring proper law and order and internal security in both the Union Territories keeping in view hostile behaviour of neighbouring countries Pakistan and China and presence of terrorists and their agents in the hinterland. Some of these special laws are Jammu and Kashmir Enemy Agents Ordinance Svt 2005; Jammu and Kashmir Egress and Internal Movement (Control) Ordinance Svt 2005; Jammu and Kashmir Public Safety Act, 1978 and Jammu and Kashmir Police Act, Svt 1983. J&K Enemy Agents Ordinance provides for trial and punishment of enemy and persons committing certain offences with the intent to aid the enemy. Similarly, J&K Egress and Internal Movement (Control) Ordinance has much importance in Jammu, Kashmir and Ladakh from internal security point of view, the experts said while referring to the provisions of the Ordinance.
The Government may, by notification in the Government Gazette, order that any person for the time being in the State or any class of such persons, shall not proceed to a destination outside the State or move within the State from one place to another, except under the authority of a written permit granted in such form and manner and by such authority or person as may be specified in the order. Likewise, Jammu and Kashmir Public Safety Act is playing a crucial role in the interest of the security of the State and in the maintenance of communal and regional harmony ever since its enactment, the legal experts said. The Jammu and Kashmir Police Act governs the functioning of the State Police and no person, court or officer shall have authority to appoint, supersede or control any police functionary except as authorised under this Act. The Act also defines the duties of the police officers, penalties for neglect of duty etc.

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