October 26, 2021
3 mins read

Experts slam row over BSF’s jurisdiction extension

The MHA has recently extended the jurisdiction of BSF from 15 km to further 50 km deep inside along the international borders in three states — Punjab, Assam and West Bengal. ..reports Amresh Srivastava

Opposing the Ministry of Home Affairs’ latest decision to extend the jurisdiction of the Border Security Force (BSF) in Assam, West Bengal and Punjab, the experts say that it was unwarranted, uncalled for and seems to be political.

Former BSF DG Prakash Singh said that controversy generated over the latest order empowering the BSF was uncalled for in the present security scenario around the country wherein arms, narcotics have been dropped through drones in the ‘Border States’ and also with the new security challenges emerging after the recent developments in Afghanistan and Bangladesh.

The MHA has recently extended the jurisdiction of BSF from 15 km to further 50 km deep inside along the international borders in three states — Punjab, Assam and West Bengal.

Describing the objection by the West Bengal and Punjab governments as a sheer political move, Singh further said that under the new notification, the BSF has been mandated to search, seize and arrest a person or persons only under the Passport Act 1967, Passport (Entry into India) Act 1920 and specified sections of the Criminal Procedure code, means any person entering to Indian territory illegally.

BSF

“It is merely an enabling provision aimed at strengthening and complementing the efforts of the state police and in any case the BSF will have to hand over the accused with the seized consignments to the local police for further investigation. The power to register FIR and investigate the case will remain with the state police”, he said, adding that the Punjab government’s claims that half of the state would fall under the jurisdiction of BSF was misleading.

Singh further said that the latest MHA notification was only to reinforce the capabilities of the state police in securing the states under section 139 of the BSF Act that allows the border guarding force to function with certain powers and duties in specified areas and well within the local limits. This does not curtail and limits the powers of the state police in any manner, he added.

The former BSF DG also said that in 2011 during the UPA regime, in which the Congress Party was the major constituent, had also issued an order giving sweeping powers to the central forces in some states including the north east.

Reacting to the present controversy by the opposition ruled states to call a session of the state assemblies to pass a resolution to roll back this order, the Constitutional expert Subhas Kashyap said that the Centre has a power to issue such an order under Article 355 of the Constitution.”

As far as passing a unanimous decision to roll out this order by the states’ assembly, that can be challenged by the Union Government in the Court as it has the overriding powers in case of internal disturbance under Article 355″, Kashyap said, adding that controversy that has emerged after the new order was just political.

However, former Union Home Secretary G.K. Pillai said that Centre can extend the jurisdiction of the central forces such as BSF in states of northeast states bordering with international borders and Maoist affected states but it would be better if the Centre does it in consultation with the state governments. He also said that ‘policing’ is always a state subject.

On October 25, the all party meeting, in which BJP did not participate, convened by the Punjab Chief Minister Charanjit Singh Channi, passed a resolution that if the Centre’s notification was not rolled back, all parties have decided that a state assembly session would be called to discuss this issue. Criticising the MHA move, West Bengal Chief Minister Mamata Banerjee has even said that it was an attempt to interfere with the federal structure of the country.

ALSO READ: PM to review ASEAN-India strategic ties at summit

Previous Story

Lanka beefs up efforts to revive tourism

Next Story

Amarinder may launch political party on Wednesday

Latest from India News

Jaishankar Pays Tribute to Kanishka Victims

Jaishankar emphasised that the anniversary of the attack is a “stark reminder of why the world must show zero tolerance towards terrorism and violent extremism.”….reports Asian Lite News On the 40th anniversary

Residential Market Sees Revival

Sales jump 77% from FY19 to FY25 as luxury housing, office leasing, logistics, and tech-led investments drive real estate recovery. India’s residential real estate market has witnessed a dramatic revival in the

India’s Digital Decade Rise

Arundhati Bhattacharya, President and CEO at Salesforce-South Asia and recipient of the Padma Shri, sat down with IANS at an event in the capital to reflect on India’s transformation into a digital

India Targets Terror at SCO Meet

In addition to addressing the plenary, Singh will hold bilateral meetings with his counterparts from several participating nations, including China and Russia….reports Asian Lite News In a renewed diplomatic offensive against Pakistan-sponsored

Middle East Shutdown Disrupts Kerala Flights

With the Israel-Iran ceasefire easing tensions, airlines have begun rescheduling flights, bringing relief to stranded travellers….reports Asian Lite News A sudden closure of airspace over parts of the Middle East late Monday
Go toTop

Don't Miss

Jaishankar’s visit cements India-UAE strategic ties 

The visit saw engagements with top Emirati leadership and participation

UP eyes Rs 10 lakh crore investment

Chief Minister Yogi Adityanath has directed the officials across departments