CHANDIGARH: Punjab Congress chief Navjot Singh Sidhu congratulated the state government's legal team on Saturday for approaching the Supreme Court against the Centre's decision to expand the BSF's territorial jurisdiction to undertake 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.
"I congratulate Punjab and its legal team to be the 1st to approach the Hon'ble Supreme Court by filing an original suit challenging the notification extending the BSF jurisdiction," the cricketer-turned-politician said in a tweet.
Punjab's Advocate General D S Patwalia said an original suit has been filed in the apex court under Article 131 of the Constitution.
He said the suit was listed before the registrar on Friday and a notice has been issued to the Union of India, which has been asked to respond within 28 days.
The suit has been filed more than a month after the Punjab Assembly adopted a resolution against the Centre's notification, calling it an "insult" to the state police and seeking its withdrawal.
The state government, in its plea, has said the extension of the territorial jurisdiction of the Border Security Force (BSF) encroaches upon the constitutional jurisdiction of the states.
"It is submitted that the notification dated October 11, 2021 is ultra-vires the Constitution as it defeats the purpose of Entry 1 and 2 of List-II of Schedule 7 of the Constitution of India and encroaches upon plaintiff's plenary authority to legislate on issues which relate to or are necessary for the maintenance of public order and internal peace," it has said.
The Union home ministry issued a notification on October 11, amending a July, 2014 enabling provision for the BSF personnel and officers while they operate in the 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 has been reduced from 80 km to 50 km, while in Rajasthan, it has been kept unchanged at 50 km.
The issue courted controversy as Opposition-ruled Punjab and West Bengal denounced the move and the respective state assemblies moved resolutions against the decision of the Union government.