BSF jurisdiction doesn't take away power of Punjab Police: SC

The Supreme Court on Friday said the power of the Punjab Police has not been taken away by the Centre’s decision to expand the BSF's jurisdiction to search, seize and arrest within a larger 50-km stretch from the international border as compared to the earlier 15-km limit.

Chief Justice DY Chandrachud and justices JB Pardiwala and Manoj Misra were hearing a 2021 lawsuit of the Punjab government.

The judges asked Solicitor General Tushar Mehta, appearing for the Centre, and lawyer Shadan Farasat, representing the Punjab government, to jointly decide on the issues to be decided by the court.

“The parties shall exchange issues so that they can be settled before the next date of listing,” the Bench said, adding that the advocate general of Punjab can also take part in the meeting.

The chief justice prima facie observed that there were concurrent powers to be exercised by the Border Security Force (BSF) and the state police.

“The power of investigation is not taken away from the Punjab Police,” he said.

Other states

During the brief hearing, the solicitor general said the BSF had jurisdiction in all border states. He said in Gujarat, the jurisdiction of BSF was up to 80 km and now it is uniform 50 km in all border states.

Farasat said Punjab was a small state, and the Centre’s decision takes away the power of the police and other agencies.

The solicitor general said the impugned notification does not include all the cognisable offences. Cognisable offences are those serious cases in which a police officer can arrest the suspect without any warrant.

In January 2021, the Punjab government moved the Supreme Court challenging the Centre's decision to expand the BSF's jurisdiction to undertake search, seizure and arrest within a larger 50-km stretch from the international border in Assam, West Bengal and Punjab, as compared to the earlier 15 km.

The state government, in its original suit, said the extension of the territorial jurisdiction of the BSF encroaches upon the constitutional jurisdiction of the state.

Punjab’s opposition

The Union home ministry issued a notification amending a July, 2014 enabling provision for the BSF personnel and officers while they operate in the border areas.

While in Punjab, West Bengal and Assam, the BSF jurisdiction was enhanced from 15 km to 50 km, in Gujarat, the limit was reduced from 80 km to 50 km, while in Rajasthan, it was kept unchanged at 50 km.

The issue triggered a row as Punjab and West Bengal denounced the move and their state assemblies moved resolutions against the decision of the Union government.

In its suit, the Punjab government said the "unilateral declaration" under the October 11 notification without consulting the state or without conducting any consultative process was violative of the Constitution.

The plea said the consequence of the move was that it "amounts to encroachment" upon the powers of the state by the Centre inasmuch as more than 80 per cent area of the border districts, all the major towns and cities, including all the district headquarters of these border districts, fall within a 50-km area from the Indo-Pakistan border.

The BSF has a strength of about 2.65 lakh personnel.

(With agency inputs)