Supreme Court.
Credit: PTI Photo
New Delhi: The Supreme Court on Friday said the power of Punjab Police has not been taken away by the Centre's decision to expand the jurisdiction of the Border Security Force to undertake search, seizure and arrest within a larger 50-km stretch from the International Border as compared to the earlier 15 km limit.
A bench of Chief Justice of India D Y Chandrachud and Justices J B Pardiwala and Manoj Misra said these were concurrent powers to be exercised by the BSF and the state police, as contended by the Solicitor General Tushar Mehta for the Centre.
The court examined notifications and emphasized that the Punjab Police's investigative authority remains intact.
The bench urged Mehta and advocate Shadan Farasat, representing the Punjab government, to collaborate in deciding pertinent issues. Parties were instructed to exchange issues for resolution before the next listing date, with the participation of the Advocate General of Punjab in the discussions.
During the hearing, Mehta said the BSF has jurisdiction in all border states and in Gujarat, the jurisdiction was up to 80 km.
Mehta said that now the jurisdiction is a uniform 50 km in all border states.
He emphasised that it includes specific passport offences, with concurrent powers for local police.
Farasat expressed concerns about the impact of expanded jurisdiction on Punjab's police and other agencies in various cities. Mehta countered, stating that the notification does not encompass all cognisable offenses.
In its original suit filed in 2021, the Punjab government challenged the Centre’s decision to expand the BSF’s jurisdiction to make 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.
The Union Home Ministry issued a notification amended a July 2014 provision for BSF personnel and officers operating in border areas.
While in Punjab, West Bengal and Assam, the BSF jurisdiction was enhanced from 15 km to 50 km, in Gujarat, which shares its borders with Pakistan, the limit was reduced from 80 km to 50 km, while in Rajasthan, it was kept unchanged at 50 km.
Mehta pointed out the notification covered the entire states of Meghalaya, Mizoram and Nagaland. "It is concurrent jurisdiction, local police is not deprived of its power (sic)," he asserted.
In a separate original suit, the Punjab government questioned the alleged refusal by the Centre on the reimbursement of the statutory charges, i.e., market fees and the rural development fees, levied by the state on the acquisition and procurement of grains for ensuring food security in the country.
On Friday, the court ordered for settling of issues between the parties to be adjudicated by it. The Punjab government claimed dues to the sum of Rs 4,000 cr were pending for disbursal on the part of the Centre.