Punjab government moves Supreme Court to extend BSF jurisdiction

Punjab government moves Supreme Court to extend BSF jurisdiction

The Centre had decided to extend the control from 15 km to 50 km from the international border

The Government of Punjab has challenged in the Supreme Court the Central government's decision to extend the jurisdiction of the Border Security Force (BSF) from 15 km to 50 km from the international border.

The Congress-ruled state termed it an "encroachment" on the state's duty to maintain law and order. It approached the apex court to stay the notification issued by the Ministry of Home Affairs.

The government maintained that the decision taken without consulting it could lead to local unrest. "Punjab is a small state and has a very potent history. No reason can justify the extension of jurisdiction to the belt of 50 kilometres, which is likely to give rise to unrest among the populace, including the peasantry, which has to cross barbed wires to cultivate the lands along the border," it said.

The government pointed out that the extended jurisdiction meant that more than 80 percent area of the border districts and all major towns and cities, including all border district headquarters, fell within the 50 km area from the international border with Pakistan.

The order was issued under the BSF Act, 1968. The provision does not give unilateral power to the Centre to extend into areas that do not touch the border, and would not fall in the ambit of "local limit" to which BSF jurisdiction can extend, the Congress government contended.

The suit filed had tried to distinguish the geography and history of Punjab compared with other areas where BSF's jurisdiction applies, including Jammu and Kashmir, Ladakh, Gujarat and Rajasthan, where human habitation is sparse near the international border.

"In the case of Punjab, the area is highly fertile, heavily populated and covers most of the physical areas forming part of border districts of Pathankot, Gurdaspur, Amritsar, Tarn Taran, Ferozepur and Fazilka," the state government said.

Prior to hearing the matter, the Supreme Court's registry had issued summons to the Government of India through the Attorney General of India, asking the Centre to "produce all witnesses and documents" on which they sought to rely upon.

The move to expand the territorial jurisdiction of BSF has evoked strong political reactions in Punjab. The state's chief minister, Charanjit Sing Channi, while chairing an all-party meet, said his government would challenge the move, saying it was an attack on India's federal structure.

Punjab Congress party chief Navjot Singh Sidhu wrote on his Twitter handle, "I congratulate Punjab and the legal team to be the first to approach the Supreme Court. The fight to retain the principles embodied in the Constitution to retain the federal structure and autonomy of the states has begun."

Inspector-General of Police, BSF, Punjab frontier, Sonali Mishra stated, "We always coordinate with the police and other agencies for national security and in the interest of the country." "The BSF is not a policing organization," she added.

(Punjab is not the only state to protest the expansion. The West Bengal assembly, ruled by the Trinamool Congress party, had also recently passed a resolution against the Centre's decision to extend the para-military force's jurisdiction).