KHADC Chief Executive Member Titosstarwell Chyne today reiterated that the district council needs more clarity on the government’s notification extending the operation of the Code of Criminal Procedure (CrPC) and the Code of Civil Procedure (CPC) in the entire State.
Yesterday Chief Minister Conrad Sangma defended his government’s decision to extend the operation of CrPC and CPC in the entire State saying that the district council courts are already exempted from the State government’s notification.
However, Chyne said that the September 12 meeting with all the MDCs and legal team will discuss on the statement made by the Chief Minister.
“We still need to examine the matter related to the notification on CrPC and CPC by the state government before we reconsider our stand after the CM again gave his statement yesterday on this matter.” he told reporters today.
He said that the notification has no clarity because it never stated that the courts created under the Sixth Schedule will be excluded.
According to the Chief Minister, the Constitution gives ample protection to the district council courts and that the notification as is to ensure that judicial magistrates under the district session courts can exercise their powers. He said that the notification cannot overrule the constitutional provisions which empower the courts created under the Sixth Schedule.
It may be mentioned that the KHADC had suggested to the State government to insert in the government notification the word “excluding the courts created under the Sixth Schedule of the Constitution of India” and that the district council courts shall continue to derive powers under paragraphs 4 and 5 of the Sixth Schedule to the Constitution of India.
