India / Punjab moves SC over Centre's order to increase BSF jurisdiction to 50 km

NEW DELHI: Raising a Centre-state dispute over extension of the BSF’s jurisdiction in border areas to 50km, the Punjab government has moved the Supreme Court with an Article 131 original suit accusing the central government of attempting to rule state territory by proxy and deal a blow to the constitutionally mandated federal structure of governance.

The extension of BSF’s jurisdiction along the international border in three states — Assam, Punjab and West Bengal — saw vociferous opposition from the opposition governments in Punjab and West Bengal, both of which termed the move a "unilateral decision". They asked why the established practice of the BSF working in tandem with state police for search, seizure and arrest was abandoned without prior consultation. The home ministry has clarified that the procedure for arrested persons being handed over to local police for filing of regular cases has not been altered in any way.

Though the Charanjit Singh Channi-led Congress government challenged the extension of BSF’s jurisdiction, his predecessor Amarinder Singh had welcomed the Centre’s decision saying it would help Punjab stop cross-border illegal activities, allegedly aided and abetted by Pakistan. West Bengal chief minister Mamata Banerjee too has stoutly opposed the extension of BSF jurisdiction. The SC has not fixed any date for hearing on Punjab’s original suit, which was filed on December 6.

Previously, the Kerala government had challenged the Citizenship (Amendment) Act under Article 131 on the grounds that it is violative of Articles 14, 21 and 25 of the Constitution. It said CAA covers only a section of minorities from neighbouring countries.

The BSF has a 50km jurisdiction from the international border in Rajasthan and Gujarat (it was earlier reduced from 80km to 50km). In other states having international borders, the armed forces have no jurisdictional restraint in carrying out search, seizure and arrest operations. The government had said that it was to bring uniformity in BSF’s jurisdiction in states having international borders.

Interestingly, Section 139 of the BSF Act, 1968 does not provide for prior consultation with states. It says: "1) The central government may, by general or special order published in the Official Gazette, direct that, subject to such conditions and limitations, and within the local limits of such area adjoining the borders of India, as may be specified in the order, any member of the Force may, (i) for the purpose of prevention of any offence punishable under the Passport (Entry into India) Act, the Registration of Foreigners Act, the Central Excises and Salt Act, the Foreigners Act, the Foreign Exchange Regulation Act, the Customs Act, or the Passports Act, or of any cognisable offence punishable under any other Central Act; or punishable under any other Central Act; or (ii) for the purpose of apprehending any person who has committed any offence referred to in clause (i), exercise or discharged such of the powers or duties under that Act or any other Central Act as may be specified in the said order, being the powers and duties which, in the opinion of the Central Government, an officer of the corresponding or lower rank is by that or such other Act empowered to exercise or discharge for the said purposes."

In Parliament, the home ministry defended the amendment to the Act and gave a written reply saying, "The extension in territorial jurisdiction of BSF in some states is aimed at empowering BSF to discharge its border guarding duties more effectively in the wake of use of technology like dynamic remotely operated navigation equipment (drones), unmanned aerial vehicle (UAVs), etc generally having long range, by anti-national forces for surveillance as well as for smuggling of arms, narcotics and fake Indian currency notes. It [the increase in territorial jurisdiction] would also help in curbing the menace of cattle smuggling as smugglers take refuge in the interior areas outside the jurisdiction of BSF."

However, the Punjab government in its suit said that the explanation given by the Centre for extension of the territorial jurisdiction of BSF in border areas was a mere fig leaf and the real intention behind the decision is to encroach onto the jurisdiction of the state governments. In West Bengal, CM Mamata Banerjee has reportedly told police to remain vigilant and not allow the BSF personnel to venture into villages outside without permission.