The move by Ministry of Home Affairs (MHA) to extend the area of jurisdiction of the Border Security Force (BSF) with a fresh order in the states of Punjab, West Bengal and Assam, has triggered a major showdown between the Centre and Punjab and West Bengal. Assam, however, has welcomed the decision.
The BSF, which was empowered to take action only up to 15 km in the states of Punjab, West Bengal and Assam, has now been authorised to spread its jurisdiction up to 50 km without any hurdle or further permission either from the Central or state governments. The move is aimed at maintaining “zero tolerance” against terrorism and cross border crimes, with the Centre empowering the BSF to conduct searches, arrest suspects and make seizures up to an area of 50 km inside Indian territory from the International Border (IB) along India-Pakistan and India-Bangladesh borders.
The MHA move has triggered a huge political slugfest, with the Punjab Congress alleging that the BJP is destroying the federal structure of the country, and West Bengal’s ruling Trinamool Congress (TMC) terming the move as “illegal” and “unconstitutional”.
However, Assam Chief Minister Himanta Biswa Sarma on Thursday welcomed the extension of the BSF’s operational jurisdiction in coordination with the state police and said that the move will serve as a “deterrent” for illegal infiltration. “Assam welcomes the extension of BSF’s operational jurisdiction. In coordination with state police, this move will serve as a strong deterrent for defeating cross border smuggling and illegal infiltration. It strengths national security and national interest,” said the Chief Minister.
However, a report from Chandigarh quoted Congress’ Punjab leaders, Pargat Singh and Vijay Inder Singh as saying that the Centre’s decision to extend the BSF’s jurisdiction over a wide area in three states, including Punjab, is an attack on the federal structure of India. “BJP is trying to take away the rights of the states. They should not do this; they should not destroy federal structure… Punjabis have always stood together whether it was the freedom struggle or farmers’ protest. We will fight against this too,” said Vijay Inder Singh. On the issue of drugs being supplied from across the border as one of the reasons for the BSF’s increased jurisdiction order, Pargat Singh said, “The Punjab Police, Chief Minister and Home Minister are competent enough to deal with the problem. I accept there are some black sheep who need to be identified.” Slamming BJP and former Punjab CM Captain Amarinder Singh, Pargat Singh further said, “I’ve always said Captain is with BJP only. Earlier he went to Delhi to delay paddy procurement and now this… If you’re deploying BSF in Punjab, it shows your motive is to impose Governor’s rule.”
Earlier on Thursday, Punjab Chief Minister Charanjit Singh Channi also condemned the Centre’s decision and said that it is a “direct attack on federalism”. “I strongly condemn the GoI’s unilateral decision to give additional powers to BSF within the 50 km belt running along the international borders, which is a direct attack on federalism. I urge Union Home Minister Amit Shah to immediately roll back this irrational decision,” tweeted Channi.
As per the new MHA order, while the BSF’s jurisdiction in Punjab, West Bengal and Assam has now been extended up to 50 km without any hurdle or further permission either from Central or State governments, the BSF jurisdiction has been cut short by 20 km in the five northeastern states—Manipur, Mizoram, Tripura, Nagaland and Meghalaya—where it had jurisdiction up to 80 km. Similarly in Gujarat, the BSF’s jurisdiction has been curtailed from 80 to 50 km.
In Rajasthan, the BSF’s area of jurisdiction will remain the same at 50 km. An officer of the rank corresponding to that of the lowest rank of member of the BSF is now empowered under the CrPC to exercise and discharge the powers and duties without an order from a magistrate and without a warrant.
The officer is now empowered to arrest any person who has been concerned in any cognizable offence, or against whom a reasonable complaint has been made, or credible information has been received. A BSF officer has now been given the power to conduct a search of a place entered by a person sought to be arrested in its new area of jurisdiction.
“The whole of the area comprised in the states of Manipur, Mizoram, Tripura, Nagaland and Meghalaya and Union Territories of Jammu and Kashmir and Ladakh and so much of the area comprised within a belt of fifty kilometres in the states of Gujarat, Rajasthan, Punjab, West Bengal and Assam, running along the borders of India,” the order issued in the Gazette notification on 11 October mentions.
The Home Ministry took the decision “in the exercise of the powers conferred by sub-section (1) of section 139 of the Border Security Force Act, 1968 (47 of 1968)” making amendments in the notification of the Central government published in the Gazette of India on July 3, 2014.”
While coming down heavily on the Central government for extending the BSF’s jurisdiction in West Bengal, Punjab, and Assam from 15 km to 50 km, Trinamool Congress (TMC) leaders have described the move as “illegal” and “unconstitutional”.
Condemning the move, a senior TMC leader and the chairman of North Bengal Development Board (NBDB), Rabindranath Ghosh, said, “The extension of BSF’s jurisdiction by the Union Home Ministry will lead to a standoff between the Central force and the local administration in the bordering area. I believe that the decision taken by the Central government is unconstitutional, illegal and an attempt to crush the democratic set-up of our country.”
“We have police stations, state police and administration to take care of illegal activities and to maintain law and order situation. Increasing the jurisdiction of the BSF clearly shows too much interference of the Central government in the state’s affairs,” he said. West Bengal shares international boundaries with Bangladesh. The state has 2, 217 km-long border with Bangladesh.
TMC state general secretary and spokesperson Kunal Ghosh tweeted, “The manner in which the Union Home Ministry extended the jurisdiction of BSF from 15 km to 50 km along the border area is highly objectionable. This is an attempt to interfere in the state’s affair with an intention to destabilise the elected government through the back door. The state government is looking into the matter and it will respond appropriately at the right time.” TMC MP Sukhendu Sekhar Roy claimed that the state government will respond to the matter soon.
Meanwhile, a report from Baharampur, West Bengal, quoted the leader of the Indian National Congress in the Lok Sabha, Adhir Chowdhury, on Thursday as slamming the Centre’s move, stating that it is a “brazen infringement upon the territory of states”. Targeting the Union Home Minister, Chowdhury said, “You should not indulge in any ‘chherkhani’, else will face the consequences.”