New Delhi- The Supreme Court on Friday remarked that the Centre’s resolution to develop the BSF’s jurisdiction from present 15 km from the border to 50 km doesn’t take away powers of the Punjab Police.
A bench, headed by CJI D.Y. Chandrachud and comprising Justices J.B. Pardiwala and Manoj Misra, was listening to an unique swimsuit filed by the Punjab authorities beneath Article 131 of the Constitution towards the Ministry of Home Affairs (MHA) notification issued in October 2021.
The bench requested Punjab’s Additional Advocate General Shadan Farasat and Solicitor General Tushar Mehta to alternate points to be framed within the swimsuit because it mentioned that it’s going to take up the swimsuit for listening to on January 16 subsequent 12 months.
During the listening to, Farasat, showing for the state authorities, contended that the notification issued by the Centre goes towards the spirit of federalism as public order and police falls beneath List II (State List) of Schedule VII of the Constitution.
He mentioned that Punjab’s geography and considerations are strikingly totally different from different border areas like Jammu and Kashmir, Ladakh, Gujarat and Rajasthan, because the border space within the state is densely populated, whereas the identical in Gujarat and Rajasthan contains saline marshes and desert land, respectively.
Farasat highlighted that BSF’s jurisdiction in Punjab has remained 15 km from the border in all of the earlier notifications issued by the MHA since 1969.
Section 139 of the Border Security Force Act, 1968, empowers the Centre to inform the world and extent of the border pressure’s operational mandate now and again. The swimsuit contended that the notification is ultra-vires the Constitution, because it defeats the aim of Entry 1 (public order) and a pair of (police) of List-II of Schedule VII of the Constitution and encroaches upon plaintiff’s plenary authority to legislate on challenge which relate to or are mandatory for the upkeep of public order and inside peace.