The Meghalaya High Court has observed that District Council Court shall continue to derive powers under paragraphs 4 and 5 of the Sixth Schedule to the Constitution.
While hearing the Criminal Petition filed by Pearson Ch Marak on September 25, Justice B Bhattacharjee said that Clause (2) of Article 244 of the Constitution of India makes it amply clear that the provision of Sixth Schedule to the Constitution shall apply to the administration of justice in the tribal areas.
“These provisions purport to provide for a self-contained code for the governance of the tribal areas. The scheme for administration of justice in tribal areas has to conform to and abide by the scheme for administration of justice envisaged by the Sixth Schedule to the Constitution of India,” Justice Bhattacharjee said.
He also said that the High Court of Meghalaya (Jurisdiction over District Council Courts) Order, 2014 was made in exercise of power conferred by sub-para (3) of paragraph 4 of the Sixth Schedule to the Constitution of India which came by replacing the Assam High Court (Jurisdiction over District Council Courts) Order, 1954.
“It is not provided anywhere that the Order was made to supplement the provision of the Code of Criminal Procedure or is subject to any other provision made by or under an Act of the appropriate Legislature,” Justice Bhattacharjee added.
Sub-para (3) of paragraph 5 of the Sixth Schedule to the Constitution of India states, “Save as expressly provided in this paragraph, the Code of Civil Procedure, 1908, and the Code of Criminal Procedure, 1898 (now the Code of Criminal Procedure, 1973), shall not apply to the trial of any suits, cases or offences in an autonomous district or in any autonomous region to which the provisions of this paragraph apply.”
Further, Justice Bhattacharjee reminded that the notification issued vide Memo No.LI(B).67/88/397-A dated September 20, 2022 makes it clear that the District Council Court shall continue to derive powers under paragraphs 4 and 5 of the Sixth Schedule to the Constitution.
