The home ministry has extended the area of 50 km-belt in West Bengal, Panjab and Assam, running along the country’s borders, from 15 km earlier, under jurisdiction of Border Security Force (BSF) where its officers have powers of arrest, search and seizure, on par with their counterparts in police.
The border area under BSF in Gujarat has reduced to 50km which was earlier 80km, while the area in Rajasthan remains the same at 50km. Same was the case with the five northeastern states of Meghalaya, Nagaland, Mizoram, Tripura and Manipur or the Union Territories of Jammu Kashmir and Ladakh as no such limit had been prescribed earlier.
Section 139 of the Border Security Force Act, 1968, empowers the Centre to notify the area and extent of the border force’s operational mandate, from time to time.
As per the latest notification issued by the home ministry on Monday, the central government has revised the ‘Schedule’ specifying the border stretch where BSF would have powers of search, seizure and arrest under Acts like Passport Act, NDPS Act, Customs Act as well as Criminal Procedure Code (CrPC) to Manipur, Mizoram, Nagaland, Tripura, and Meghalaya; UTs of Jammu Kashmir and Ladakh; and 50km-belt in Gujarat, Rajasthan, Panjab, Bengal and Assam.
According to earlier notifications on September 22, 1969; June 11, 2012; and July 3, 2014; the ‘Schedule’ area comprised Manipur, Mizoram, Nagaland, Tripura, Meghalaya and Jammu Kashmir and area within 80km belt in Gujarat, 50km in Rajasthan, and 15km in Bengal, Assam and Punjab.
The addition of an extra 35-km stretch to the BSF’s mandate could affect the state of Panjab and Bengal which is ruled by non-BJP parties and lead them to question the step as an encroachment upon their powers and against the federal structure.
BSF sources had said that it would empower its personnel to carry out operations against narcotics/arms trafficking and illegal infiltration in border stretches.
It was not immediately clear if state governments were taken on board before issuing the latest notification. However, every order made under Section 139 of BSF Act must be laid before each House of Parliament, which can either modify or annul it.
Meanwhile, the notification which was issued on Monday has stirred a political debate in Panjab regarding state’s autonomy, where the Chief Minister has criticized the decision. Channi, the new C.M. of Panjab region took to twitter and said, “I strongly condemn the GoI’s unilateral decision to give additional powers to BSF within 50 KM belt running along the international borders, which is a direct attack on the federalism. I urge the Union Home Minister @AmitShah to immediately rollback this irrational decision.”
“MHA Notification enhancing operational mandate of BSF, 15 to 50 KM’s in Punjab,West Bengal & Assam transgresses upon Constitutional Public order & Policing remit of States Half of Punjab will now fall under BSF jurisdiction @CHARANJITCHANNI must oppose it,” said Manish Tewari, who’s a Congress Member of Parliament from Anandpur Sahib.
A second tweet from the leader said: “Mischievous part of Section 139 of BSF Act ‘…or of any cognizable offence punishable under any other Central Act; or punishable under any other Central Act..,’ It allows GOI to institutionalise an alternative policing paradigm. Was Punjab Govt consulted?
Former Punjab Pradesh Congress Committee chief Sunil Jakhar blamed Punjab Chief Minister Charanjit Singh Channi for having unwittingly handed over “half of Punjab to the central government”.
“Be careful what you ask for! Has @CHARANJITCHANNI unwittingly managed to handover half of Punjab to Central govt. 25000sq km (out of total 50,000sq km) has now been placed under BSF jurisdiction. Punjab Police stands castigated. Do we still want more autonomy to States,” Jakhar said in a tweet.
The Congress’ political rival in the state Siromani Akali Dal, too, joined the chorus and decried the decision. “This means internal emergency is being imposed in Punjab,” Shiromani Akali Dal leader Daljit Cheema said.
Former chief minister Amarinder Singh, however, welcomed the measure.
“Our soldiers are being killed in Kashmir. We’re seeing more & more weapons & drugs being pushed by Pak-backed terrorists into Punjab. BSF’s enhanced presence & powers will only make us stronger. Let’s not drag central armed forces into politics,” Amarinder Singh’s media adviser, Raveen Thukral, said quoting the former chief minister in the first of two tweets.
“Partisan considerations can’t & shouldn’t dictate our stand on issues of national security. I’d said that at the time of the 2016 surgical strikes & am saying it again. We’ve to rise above politics when India’s security is at stake, as it is now,” Amarinder Singh said in the second tweet.