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Calcutta High Court on Tuesday asked the Centre to respond to a PIL questioning its decision to increase BSF’s area of operation in Bengal from 15km to 50km inside the India-Bangladesh border.

The Ministry of Home Affairs (MHA) recently amended the BSF Act to authorise the force to undertake search, seizure and arrest within a larger 50 km stretch, instead of 15 km, from the international border in Punjab, West Bengal and Assam.

The PIL filed by one Sayan Banerjee states that the decision to increase the territorial jurisdiction of BSF is against the federal structure of the Indian Constitution. The petitioner also said that the MHA decision will reduce the power of the state. The petition claims that the power of the central government under Section 139, Clause I, of BSF Act on deciding jurisdiction of the force is against the federal structure of the country.

Section 139 of the Act deals with powers and duties conferrable and imposable on members of the force. The Section allows the center to extend jurisdiction of BSF. However, the center is supposed to take concurrence of the state and get the same ratified in parliament. Banerjee has prayed that the section should be struck down, due to this contradictory nature which is against Article 14 of the Constitution.

Significantly, the Punjab government has filed a petition in the Supreme Court against the Centre’s decision. The Charanjit Singh Channi-led Congress government said, “Punjab is a small state, but has a very potent history and, therefore, its case and concerns are distinguishable and no reason can justify the extension of jurisdiction (of the BSF) to the belt of 50 km.”

 The Calcutta High Court Bench of Chief Justice Prakash Srivastava and Justice Rajarshi Bharadwaj noted that “one of the States namely Punjab and Haryana has already approached the Hon’ble Supreme Court invoking Article 131 of the Constitution raising the same issue.”

The Court granted time filing affidavit while posting the matter for February 22, 2022.

Case Title: Sayan Banerjee v. Union of India