The Supreme Court of India today has intervened in an ongoing legal battle between the Central government and the Punjab government concerning the expanded jurisdiction of the Border Security Force (BSF) within the state. The court, led by Chief Justice of India DY Chandrachud, alongside Justices JB Pardiwala and Manoj Misra, has instructed both parties to engage in peaceful discussions and reach a resolution before the next scheduled listing date.

The legal dispute stems from a lawsuit filed by the Punjab government in 2021, challenging the Central government's decision to extend the BSF's authority. The contested move grants the BSF the power to conduct search, seizure, and arrest activities within a 50-kilometer zone from the international border in Assam, West Bengal, and Punjab, as opposed to the previous 15-kilometer limit.

Representing the Central government, Solicitor General Tushar Mehta clarified that the expanded jurisdiction involves shared powers with the local police, with exclusive authority granted only in specific cases such as those related to passports. Mehta emphasized that circumstances have evolved since the initial filing of the lawsuit in 2021.

On the other side, the Punjab government, represented by advocate Shadan Farasat, argued that the state's smaller size and the existence of parallel jurisdiction undermine its authority. Despite Mehta's clarification that not all cognizable offenses fall under the extended jurisdiction, Farasat contended that it significantly impacts crucial law and order domains in Punjab.

Mehta reiterated that the jurisdiction of the local police has not been revoked, highlighting the concurrent jurisdiction in place. The court concurred, stating that the investigative authority remains with the Punjab police alongside the Border Security Force.

In its directive, the Supreme Court urged both the Central and State governments to resolve the matter amicably before the next scheduled listing date. Additionally, the court instructed the Advocate General of Punjab to participate in the discussions. Solicitor General Mehta extended an invitation to the Advocate General for a discussion in his chamber, a gesture that was met with gratitude, marking the conclusion of the hearing.

Case: THE STATE OF PUNJAB vs. UNION OF INDIA & ANR,

Original Suit No.5/2023.

Click to read/download order.