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  "title": "Enemy Agents Ordinance, 1943",
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  "text": "Page 1 of 6 \r\n \r\n \r\n \r\n \r\n   THE ENEMY AGENTS ORDINANCE, 1943 \r\n \r\n \r\n \r\nCONTENTS \r\n1.  Short title, extent and commencement \r\n2.  Definitions \r\n3.  Penalty for aiding the enemy \r\n4.  Offences triable under this Ordinance \r\n5. Appointment and jurisdiction of Special Judge \r\n6.  Transfer of cases from one Special Judge to another \r\n7.  Procedure of Special Judges \r\n8.  Sentences by special judges \r\n9.  Review of convictions \r\n10.  Hearing of proceedings in camera \r\n11.  Limitation on appearance of Pleaders \r\n12.  Special rule of evidence \r\n13.  Special rule of procedure \r\n14.  Exclusion of interference of other Courts \r\n14A.  Copies of proceedings \r\n15.  Application of ordinary law \r\n16.  Disclosure of information relating to proceedings under this Ordinance \r\n17.  Power to make rules \r\n\r\n \r\nPage 2 of 6 \r\n \r\nTHE ENEMY AGENTS ORDINANCE, 1943 \r\nORDINANCE No. I OF 1943 \r\n[9th January, 1943] \r\nAn Ordinance to provide for the trial and punishment of enemy agents and persons committing  \r\ncertain offences with intent to aid the enemy. \r\n \r\n WHEREAS an emergency has arisen which makes it necessary to provide for the trial and \r\npunishment of enemy agents and persons committing certain offences with intent to aid the enemy; \r\n \r\n Now, THEREFORE, in exercise of the powers conferred by section 72 of the Government of \r\nIndia Act, as set out in the Ninth Schedule to the Government of India Act, 1935 (26 Geo 5,c.2.), the \r\nGovernor‑General is pleased to make and promulgate the following Ordinance :__ \r\n \r\n 1. Short title, extent and commencement.__(1) This Ordinance may be called the Enemy \r\nAgents Ordinance, 1943. \r\n \r\n 1[(2) It extends to the whole of Pakistan and applies also__ \r\n \r\n(i) to all citizens of Pakistan and persons in the service of Government wherever \r\nthey may be; and \r\n \r\n(ii) to persons on board any ship or aircraft registered in Pakistan.]  \r\n \r\n (3) It shall come into force at once. \r\n \r\n 2. Definitions.  In this Ordinance, unless there is anything repugnant in the subject or \r\ncontext,__ \r\n(a) “enemy” means any State at war with 2[Pakistan] ; \r\n \r\n  (b) “enemy agent” means a person, not operating as a member of an enemy armed \r\n   force, who is employed by, or works for, or acts on instructions received from, \r\n   the enemy. \r\n \r\n 3. Penalty for aiding the enemy.  Whoever is an enemy agent, or, with intent to aid the \r\nenemy, does, or attempts or conspires with any other person to do, any act which is designed or \r\nlikely to give assistance to the naval, military or air operations of the enemy or to impede the naval, \r\nmilitary or air operations of 3[the Armed Forces of Pakistan or the forces of a foreign power allied \r\n2[with Pakistan] 3[* * *] or to endanger life], shall be punishable with death. \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n 1Subs by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955).\r\n 2Subs. by the Federal Laws (Revision & Declaration) Act, 1951 (XXVI of 1951), s. 4 and 3rd Sch. \r\n 3Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of1981), s. 3 and Sch., II.\r\n \r\nPage 3 of 6 \r\n \r\n 4. Offences triable under this Ordinance.__(1) Any offence punishable under section 3 \r\ncommitted at any time after the 2nd day of September, 1939, whether committed before or after the \r\ncommencement of this Ordinance, shall be triable under the provisions of this Ordinance. \r\n (2) Where a person is charged before a Special Judge with an offence punishable under \r\nsection 3, he may be charged with and tried at the same trial for any other offence with which he \r\nmight, under the Code of Criminal Procedure, 1898 (V of 1898), be charged at one trial, and the \r\nprocedure of this Ordinance shall apply to the trial of any such other offence. \r\n 5. Appointment and jurisdiction of Special Judges.__(1) For the trial of offences \r\npunishable under section 3, the 1[Federal Government] may appoint as Special Judges, having \r\njurisdiction throughout 2[Pakistan], any persons who have acted for a period of not less than two \r\nyears in the exercise of the powers of a Sessions Judge or an Assistant Sessions Judge under the \r\nCode of Criminal Procedure, 1898 (V of 1898) . \r\n (2) A Special Judge shall try any offence punishable under section 3 which the 1[Federal \r\nGovernment] by general or special order in writing directs to be tried by him, and may hold his \r\nsittings for the trial of any case in any place fixed by the 1[Federal Government]. \r\n 6. Transfer of cases from one Special Judge to another. __ (1) The 1[Federal Government] \r\nmay, at any stage of the proceedings before a Special Judge, transfer the case to another Special \r\nJudge.   \r\n (2) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (V of \r\n1898), when a case is transferred under subsection (1), the Special Judge to whom the case is \r\ntransferred shall not be bound to re‑summon or re‑hear the witnesses or any of them unless he is \r\nsatisfied that such a course is necessary in the interests of justice. \r\n 7. Procedure of Special Judge s.__(1) A Special Judge may take cognizance of an offence \r\nwithout the accused being committed to his Court for trial, and, in trying accused persons, shall \r\nfollow the procedure prescribed by the Code of Criminal Procedure, 1898 (V of 1898), for the trial \r\nof warrant cases by Magistrates: \r\n Provided that a Special Judge shall ordinarily record a memorandum only of the substance of \r\nthe evidence of each witness examined, may refuse to summon any witness if satisfied after \r\nexamination of the accused that the evidence of such witness will not be material, and shall not be \r\nbound to adjourn any trial for any purpose unless such adjournment is in his opinion necessary in the \r\ninterests of justice. \r\n \r\n (2) In matters not coming within the scope of sub‑section (1) the provisions of the Code of \r\nCriminal Procedure, 1898 (V of 1898), so far as they are not inconsistent with this Ordinance, shall \r\napply to the proceedings of a Special Judge; and for the purposes of the said provisions the Court of \r\nthe Special Judge shall be deemed to be a Court of Session. \r\n \r\n 8. Sentences by Special Judges. A Special Judge may pass any sentence authorised by law. \r\n \r\n 9. Review of convictions.__ 3[(1)] If in any proceedings before a Special Judge⸻ \r\n \r\n \r\n 1Subs by the Federal Adaptation of Laws Order, 1975 (P. O. No. 4 of 1975), Art.2 and Table. \r\n 2Subs by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), s. 3 and 2nd Sch. (with effect from the 14th  October, 1955). \r\n3Re‑numbered by Ordinance No. XV of 1943. \r\n \r\nPage 4 of 6 \r\n \r\n  (a)  a person convicted is sentenced to death, or to transportation for life, or \r\n(b)  though no person is so sentenced, the Special Judge certifies that in his \r\nopinion the case has involved questions of special difficulty, whether of law \r\nor fact, or is one which for any other reason ought properly to be reviewed, \r\nthe proceedings shall be submitted for review by a person appointed in this behalf by the 1[Federal \r\nGovernment], which person shall be chosen from the Jugdes of a High Court in 2[Pakistan], and the \r\ndecision of that person shall be final. \r\n 3[(2) Where any proceedings are so submitted for review, 4[* * *] the Judge reviewing the \r\nproceedings may 4[* * *] exercise in his discretion any of the powers exercisable under section 439 \r\nof the Code of Criminal Procedure 1898 (V of 1898), by a High Court in the case of any proceeding \r\nto which the said section 439 refers: \r\n 5[Provided that, where in the exercise of these powers the Judge reviewing the proceedings \r\ndirects a re‑trial of the accused, or directs further evidence to be taken, the reviewing Judge may \r\ndirect the re‑trial to be held or the further evidence to be taken by the Special Judge by whom the \r\ncase was tried in the first instance, or by any other Special Judge, or by a Special Judge to be \r\nappointed for the purpose by the 1[Federal Government].] \r\n \r\n (3) The person appointed under sub‑section ( 1) to review the proceedings of a Special Judge \r\nmay call for and examine the record of any proceedings before the Special Judge for the purpose of \r\nsatisfying himself as to the correctness, legality or propriety of any finding, sentence or order \r\nrecorded or passed and as to the regularity of any proceedings of the Special Judge, and may \r\nexercise in the case of proceedings the record of which has been so called for any of the powers \r\nwhich would have been exercisable by him in the case of such proceedings had they been submitted \r\nto him for review under sub‑section (1).] \r\n \r\n 10. Hearing of proceedings in camera.  If, as respects any proceedings before a Special \r\nJudge or before a Judge reviewing under section 9 the proceedings of a Special Judge, the Special \r\nJudge or reviewing Judge, as the case may be, is satisfied that it is expedient in the interests of the \r\npublic safety or the defence of 2[Pakistan] so to do, such Judge may give directions that throughout \r\nor during any part of the proceedings such persons or classes of persons as the Judge may determine \r\nshall be excluded. \r\n \r\n 11. Limitation on appearance of P leaders.__ ( 1) In any proceedings before a Special \r\nJudge, and in proceedings before a Judge reviewing under section 9 the proceedings of a Special \r\nJudge when the reviewing Judge grants permission in this behalf, a person accused of an offence \r\ntriable under this Ordinance may of right be defended by a pleader, but such pleader shall be a \r\nperson whose name is entered in a list prepared in this behalf by the 1[Federal Government] or who \r\nis otherwise approved by the 1[Federal Government]. \r\n \r\n \r\n \r\n 1Subs. by the Federal Adaptation of Laws Order, 1975 (P. O. No. 4 of 1975), Art.2 and Table. \r\n 2Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (Ordinance No. XXI of 1960), s. 3 and 2nd Sch. (with effect from the 14th \r\n October, 1955). \r\n 3Added by Ordinance No. XV of 1943. \r\n 4Rep. by the Federal Laws (Revision and Declaration) Act, 1951 (XXVI of 1951), s. 3 and 2nd Sch. \r\n 5Added by Ordinance No. XI of 1944, s. 3. \r\n \r\n \r\nPage 5 of 6 \r\n \r\n (2) A Special Judge, or a Judge reviewing under section 9 the proceedings of a Special Judge, \r\nmay appoint a pleader whose name is entered in the list referred to in sub‑section (1) or who is \r\notherwise approved by the 1[Federal Government] to defend at any stage of the proceedings a person \r\naccused of an offence triable under this Ordinance who has not himself engaged a pleader. \r\n (3) A Special Judge shall not be required to grant an adjournment for the purpose of securing \r\nthe attendance of a pleader, if in the opinion of the Special Judge such adjournment would cause \r\nunreasonable delay in the disposal of the case. \r\n 12. Special rule of evidence. Notwithstanding anything contained in the Evidence Act, 1872 \r\n(I of 1872), when the statement of any person has been recorded by any Magistrate, such statement \r\nmay be admitted in evidence in any trial before a Special Judge, if such person is dead or cannot be \r\nfound or is incapable of giving evidence. \r\n 13. Special rule of procedure. __(1) When any accused in a trial before a Special Judge has \r\nby his voluntary act rendered himself incapable of appearing before the Court, or resists his \r\nproduction before it, or behaves before it in a persistently disorderly manner, the Court may, at any \r\nstage of the trial, by order in writing, made after such inquiry as it may think fit, dispense with the \r\nattendance of such accused for such period as it may think fit and proceed with the trial in his \r\nabsence. \r\n (2) Where a plea is required in answer to a charge from an accused whose attendance has \r\nbeen dispensed with under sub-section (1), such accused shall be deemed not to plead guilty. \r\n \r\n (3) An order under sub‑section (1) dispensing with the attendance of an accused shall not \r\naffect his right of being represented by a pleader at any stage of the trial, or being present in person, \r\nif he has become capable of appearing, or appears in Court and undertakes to behave in an orderly \r\nmanner. \r\n \r\n (4) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (V of \r\n1898), no finding, sentence or order passed in a trial before a Special Judge shall be held to be illegal \r\nby reason of any omission or irregularity whatsoever arising from the absence of any or all of the \r\naccused whose attendance has been dispensed with under sub‑section (1). \r\n \r\n 14. Exclusion of interference of other Courts.  Notwithstanding the provisions of the Code \r\nof Criminal Procedure, 1898 (V of 1898) , or of any other law for the time being in force, or of \r\nanything having the force of law by whatsoever authority made or done, there shall be no appeal \r\nfrom any order or sentence made or passed by a Special Judge, or a reviewing Judge under this \r\nOrdinance and, save as provided in this Ordinance, no Court shall have authority to revise such order \r\nor sentence or to transfer any case from the Court of a Special Judge, or to make any order under \r\nsection 491 of the Code of Criminal Procedure, 1898 (V of 1898), or have any jurisdiction of any \r\nkind in respect of any proceedings under this Ordinance. \r\n \r\n 2[14A. Copies of proceedings. __(1) Notwithstanding the provisions of the Code of Criminal \r\nProcedure, 1898 (V of 1898), or of any other law for the time being in force, or of anything having \r\nthe force of law by whatsoever authority made or done, no person other than the accused or his \r\npleader shall be entitled to be furnished with a copy of any part of the records of, or of any document \r\nrelating to, any proceedings under this Ordinance. \r\n \r\n 1Subs by the Federal Adaptation of Laws Order, 1975 (P. O. No. IV of 1975), Art. 2 and Table, \r\n 2Ins. by Ordinance No. XI of 1944, s. 4. \r\n \r\nPage 6 of 6 \r\n \r\n  (2) Any such copy furnished to the accused or his pleader shall be kept by the person to \r\nwhom it was furnished in his personal custody, and it shall be an offence punishable under section \r\n16 for that person to show it to any person other than his pleader or his client as the case may be, or \r\nto divulge its contents except in the course of the proceedings for the purpose of which is was \r\nobtained. \r\n (3) Any such copy shall be returned to the authority from which it was obtained within ten \r\ndays of the conclusion of the proceedings for the purpose of which it was furnished, and any failure \r\nso to do shall be punishable with the punishment provided for an offence under section 16.] \r\n 15. Application of ordinary law. The provisions of the Code of Criminal Procedure, 1898 \r\n(V of 1898), and of any other law for the time being in force in so far as they may be applicable and \r\nin so far as they are not inconsistent with the provisions of this Ordinance, shall apply to all matters \r\nconnected with, arising from, or consequent upon, a trial under this Ordinance. \r\n 16. Disclosure of information relating to proceedings under this Ordinance. Any person \r\nwho, without the previous authorisation of the 1[Federal Government], discloses or publishes any \r\ninformation with respect to any proceedings or with respect to any person proceeded against under \r\nthis Ordinance, shall be punishable with imprisonment for a term which may extend to two years or \r\nwith fine or with both. \r\n 17. Power to make rules. The 1[Federal Government] may make rules providing for any \r\nmatter necessary to carry into effect the purposes of this Ordinance. \r\n \r\n \r\n_____ \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n62614 \r\nDate: 14-02-2025 \r\n 1Subs by the Federal Adaptation of Laws Order, 1975 (P. O. No. IV of 1975), Art. 2 and Table.",
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