@prashanthamine
Mumbai: Strident criticism of Narcotics Control Bureau (NCB) letter seeking details of narcotic cases from state government and Centres move to expand operational jurisdiction of Border Security Force (BSF) in border states, typically symbolises our self-defeatist approach towards key issues of national security and trafficking of illicit narcotic drugs.
In the face of adversity and threats posed to our national security when unified response is called for, what we present is a picture of disunity. The threat of narcotics smuggling and terrorism from across our borders is for real. The maladies are many that afflict our system, and the system itself needs a complete overhaul if we want ‘Atmanirbhar Bharat’ and a ‘$5 trillion economy by 2024’.
In India, much of the law enforcement is left to the respective state governments. That is why states like and other non-Bharatiya Janata Party (BJP) ruled states are up in arms over the recent letter of NCB Director General, Satya Narayan Pradhan seeking details of top five cases that have national and international ramifications attached to it.
Nationalist Congress Party (NCP) spokesperson Nawab Malik in his tweet on December 3, raised a question mark over the NCB letter. “Motive and intention of the #NCB upon reading this letter appears questionable? Why, are they trying to infringe upon the rights of the state government when there is no provision in the NDPS act to do so? Is there an ulterior motive? NCB must answer the citizens of India”, tweeted Malik.
Malik and the NCP have accused the NCB and its alleged private army of extortion and lodging 26 bogus cases. The NCP has asked the NCB to spell out the criteria for determining the top five cases in terms of quantity of narcotics seized or is it going to be determined by large quantities of drugs seized only.
According to Anashwara Ashok, drug trafficking is a major transnational organised crime with the potential to undermine national security. The effects of which are seen in Indian state of Punjab. Although Punjab does not grow opium or heroin, the region consumes about Rs 7,500 crores worth of drugs every year. District’s that border with Pakistan, like Amritsar, Tarn Taran, Ferozepur and Fazilka are part of the smuggling route which the Pakistan and Afghanistan based drug smugglers use to route their consignments.
According to Dr Pushpita Das, Research Fellow at Manohar Parrikar – Institute for Defence Studies and Analyses (MP-IDSA), a breach in the country’s international borders is serious as it raises questions about the capacity of the Indian states to effectively control its borders and protect its citizens from external threats. The fact that the drug peddlers could smuggle in illegal or controlled substances through the borders with ease implies that the same routes could be used by them for smuggling in arms, explosives as well as terrorists into the country.
India has had two such experiences in the March 1993 serial bomb blasts and the November 26, 2008 (26/11) terror attacks, both occurred in Mumbai. It may be recalled that fugitive underworld don Dawood Ibrahim had used the sea route to smuggle in arms and RDX (Research Department eXplosive). In 26/11 terror attacks Pakistani trained terrorist’s like Ajmal Kasab had also used the sea route to enter Mumbai.
It is for this reason and to curb drug trafficking that Government of India (GoI) had vide notification of October 11, 2021 extended the jurisdiction of the Border Security Force (BSF) from 15 Kms to 50 Kms inside the international borders in Punjab, West Bengal and Assam.
In a written reply to a starred question raised by Bharatiya Janata Party (BJP), Lok Sabha MP, Feroze Varun Gandhi on December 7, Union Minister of State for Home Affairs, Nityanand Rai had argued that the decision had been taken to empower the BSF to discharge its border guarding duties more effectively in the wake of use of technology like Dynamic Remotely Operated Navigation Equipment (Drones), Unmanned Aerial Vehicle (UAVs), generally having long range, by anti-national forces for surveillance as well as smuggling of arms, narcotics and Fake Indian Currency Notes (FICN). It would also help in curbing the menace of cattle smuggling as smugglers take refuge in the interior areas outside the jurisdiction of the BSF.
The GoI had extended the BSF jurisdiction in state’s that share international borders with Pakistan, Bangladesh and Myanmar. In the North Eastern states of Manipur, Mizoram, Tripura, Nagaland and Meghalaya and in Union Territories of Jammu & Kashmir and Ladakh there has been no change made as the entire area comes under jurisdiction of the BSF. However, in Gujarat, the operational area is reduced to 50 Kms from earlier 80 Kms.
The BSF will now have the power to carry search, seizure and arrest within 50 km from the borders in these states under the Acts namely Criminal Procedure Code (CrPC), Passport Act, 1967, Passport (entry into India) Act, 1920, Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS Act) and Customs Act, 1962. The BSF has also been given similar powers of search and arrest in other North-Eastern states
Predictably, Punjab and West Bengal state governments have opposed the move. West Bengal assembly has even passed a resolution opposing the Centres move. West Bengal Chief Minister Mamata Banerjee had even directed the state police to keep a watch on the movement of the BSF. While Punjab Congress Chief Minister Charanjit Singh Channi while condemning the move had demanded a roll back of what he called “irrational decision”.
It is rather ironical to note here that during the Congress led United Progressive Alliance (UPA) era, the then union minister of state for Home Jitendra Singh had introduced the BSF Amendment bill, 2011 in the Rajya Sabha on August 18, 2011. The bill had sought to extend the jurisdiction of the BSF to the territories of India as notified by GoI.
The bill was later referred to the Standing Committee on Home Affairs the following day. The UPA had then in 2011 argued that BSF is deployed in counter-insurgency and anti-naxal operations in the country and should be allowed to operate in any part of the country without any restriction.
According to Dr Pushpita Das, Event Report of October 25, the police fail to perform their duties when it comes to dealing with infiltrators and smugglers and are susceptible to political pressures. While there are some officers who want the authorities to hand over the cases either to the National Investigation Agency (NIA) or Central Bureau of Investigation (CBI).
