PIL filed against BSF ambit order in Calcutta HC, hearing on December 14 – Times of India

Kolkata News

KOLKATA: A PIL was filed in Calcutta High Court on Thursday questioning the constitutional validity of the Centre’s decision to extend the BSF’s area of operation from 15km to 50km from the international border. A division bench of Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj, while admitting the PIL, asked that the BSF director-general be made party to the proceedings when it takes up the matter for hearing on December 14.
The legal challenge comes against the backdrop of CM Mamata Banerjee flagging the issue before PM Narendra Modi on Wednesday and demanding withdrawal of the decision. Both Bengal and Punjab legislative assemblies have passed resolutions, seeking repeal of the order. Assam, the third state where BSF jurisdiction has been increased, has however welcomed this move.
The BSF ambit matter came up for discussion in the parliamentary committee for home affairs. Trinamool Congress has already moved resolutions in Parliament for a debate during the winter session, which commences on November 29.
In his PIL, petitioner Sayan Banerjee argues that the HC should strike down Section 139 (1) of the Border Security Force Act, 1968, which unilaterally allows the Centre to extend the BSF’s area of operation as ultra vires to the Constitution.
Banerjee argues that the same section also asks the Centre to take concurrence from the state before allowing the BSF to act under state laws. It even mandates that this be ratified in Parliament. The PIL says the contradictory nature of the section makes it clear that it is against Article 14 of the Constitution, which mandates equality before law.
The contentious section gives the BSF arrest and detention powers, but only under specified central acts on passport, excise, customs, foreigners and foreign exchange regulations. But for the border force to act beyond it and step into state laws, it would need state consent and a nod from both Houses of Parliament.
The Centre’s recent order effectively gives BSF arrest and detention powers in almost 37% of Bengal’s territory even though public order and police are completely a state’s prerogative under the Constitution.

Source: https://timesofindia.indiatimes.com/city/kolkata/pil-filed-against-bsf-ambit-order-in-cal-hc-hearing-on-dec-14/articleshow/87918781.cms