Tuesday Brief

The Ministry of Home Affairs (MHA) on last Wednesday increased the jurisdiction of the Border Security Force (BSF) giving its officers the powers of arrest, search and seizure. The jurisdiction has been extended in three states of West Bengal, Punjab and Assam.

The Home ministry has increased the jurisdiction to 50 km inside Indian territory from international border along India-Pakistan and India- Bangladesh borders in Assam, West Bengal and Punjab, earlier it was 15 kms. Apart from this, BSF will also be able to search and arrest in Nagaland, Mizoram, Tripura and Ladakh. However the jurisdiction of BSF in Gujarat has been reduced and extent of border has been reduced from 80 km to 50 km, while in Rajasthan the radius area has been kept at 50 kms remain unchanged. No boundaries has been set for five north eastern states of Meghalaya, Nagaland, Mizoram, Tripura and Manipur and for Jammu & Kashmir and Ladakh.

This amendment will enable improved operational effectiveness in curbing trans- border crime, which includes smuggling of drugs, ammunition, bustling the cattle smuggling and fake currency rackets, in the said states. The only difference from then and now is the increase in jurisdiction to the number of kms in the states of Punjab, Assam and West Bengal .For Rajasthan it remains the same.

As per central govt, when Punjab’s new CM met Home Minister, he emphasized on the drugs related problems in the border area of state. But when this was announced he started condemning the action of Home Ministry. The problem in Punjab is that drugs is a big business in the state and as per news circulating in the media, many politicians are involved in the drugs business.

What was the comments of Charanjit Singh Channi, new CM of Punjab, which said “ I strongly condemn the central govt’s unilateral decision to give additional powers to BSF within 50 km belt along the international borders, which is direct attack on federalism. I urge the union Home Minister to immediately rollback this irrational decision. In my opinion this comments is uncalled for, as national security is with central govt and they have all the rights to change the law. If 15 km jurisdiction is not attack on federalism and then why 50 km jurisdiction can become attack on federalism. All these comments by new CM is to pacify the affected politicians.

Now if drugs across the border is the problem in Punjab, then the problem in West Bengal is cattle smuggling, for the meat. In this cattle smuggling even cows are sent for slaughter across the border in Bangladesh, and beef is smuggled back in India. What was the reaction of Trinamool Congress (TMC). The spoke person of party said “ we oppose the decision. This is infringement on the rights of the state. What was the sudden need to enhance the BSF’s jurisdiction without informing the state govt? If the BSF has to conduct any search, they can always do it along the local police. This has been practice for years. It is an attack on the federal structure”.

Congress spoke person Manish Tewari also called this notification transgressed on the constitutional public order On tweeter he commented “  Ministry of Home Affairs (MHA) notification enhancing operational mandate of BSF, 15 to 50 kms in Punjab, West Bengal & Assam transgresses upon Constitutional Public order & Policing remit of states. Half of Punjab will now fall under BSF jurisdiction. Charanjit Channi must oppose it”. In other tweet he added “ Section 139(ii)  sweeping powers of preventive arrest under section 139(1) & post offence arrest under 139(ii). No mention of consultation with local police. Scheme of Act & its implementation regime needs to be studied”.

Responding to this BSF said that “ These powers have been given to the force under the BSF Act of 1968. This is not an addition that has been made now. Moreover, there is nothing called a sweeping power for arrest. In any operation, the local police are consulted, and assistance is taken. This notification in no way has expended the powers of BSF but has just expanded the area of operation”.

It looks like there are some ulterior motives of opposition parties,, and as 50 km range from international border covers vast areas in these states, so the shady operations head quarters falling in that range will be affected. Presently all these shady operations are carried beyond 15 kms range, as it is beyond BSF range and in these states how the some people of state police get involved with smuggler is known to all.

I do not think Govt will roll back the decision.

Waiting, for your feedback.

Anil Malik

Mumbai, India

19^th October 2021.