Khasi Hills Autonomous District Council (KHADC) Chief Executive Member, Titos Chyne has urged the State government not to rush into extending the operation of Civil Procedure Code (CPC) and Criminal Procedure Code (CrPC) in the State since such a decision would snatch away the power of District Council Courts and Subordinate Courts such as village courts.
Reacting to the various comments on social media that there were moves to clip the wings of District Council Courts through application of CPC or CrPC in Meghalaya, Chyne said that litigation is pending in the Meghalaya High Court on the powers and jurisdiction of District Council Courts.
Chyne also said that he had convened a meeting of the special committee of KHADC today in which legal experts also attended to discuss the matter and its implications on the District Council Courts.
“There is a case pending in the High Court on this matter which I don’t want to make any comment for now although the matter is related to the power, functions and jurisdiction of District Session Courts and District Council Courts,” Chyne said.
“What I am most concerned about is the move by the State government to issue a notification by quoting Paragraph 5 (1) of the Sixth Schedule which implies that the government wanted the application of CPC and CrPC in our State,” he added.
Stating that he has no knowledge about the mind of the State government regarding the proposed notification, Chyne said, “My only request to the State government is to go slow on this matter and also to take the opinions of the District Councils on this matter.”
The CEM also said the State government should not rush into issuing the notification until a detailed discussion was held so that District Council Courts and Subordinate Courts such as Village Courts are not disempowered.
“These are the legal institutions that we obtained through the Sixth Schedule of the Constitution regarding adjudication of disputes and administration of justice in tribal areas,” Chyne said.
He also said that the State government is likely to hold a meeting with all three District Councils this week to deliberate on the matter.
“Before going to the meeting, I will call all MDCs for a discussion so that a unanimous decision can be taken and conveyed to the government on this serious issue,” Chyne added.
It may be mentioned that administration of justice in the tribal areas of Meghalaya is carried on as per the provisions of Paragraphs 4 and 5 of the Sixth Schedule to the Constitution of India and in terms of Khasi Syiemships (Administration of Justice) Order, 1950, the Rules for Administration of Justice and Police in Khasi and Jaintia Hills, 1937, the United Khasi-Jaintia Hills Autonomous District (Administration of Justice) Rules, 1953, Rules for Administration of Justice and Police in the Garo Hills, 1937, and the Garo Hills Autonomous District (Administration of Justice) Rules, 1953.
Under the United Khasi-Jaintia Hills Autonomous District (Administration of Justice) Rules, 1953, which came into force with effect from January 7, 1954, the District Council Courts, Subordinate District Council Courts, Additional Subordinate District Council Courts and the Village Courts were constituted and these courts have been vested with the powers to try civil and criminal cases as provided under the Rules of 1953.
