Clearing backlog of cases relating to women, children
SHILLONG: There is a demand for creation of fast track courts within the District Council Courts to try cases relating to rape and other criminal offences.
Reacting to the news report on the large number of rape cases pending in the district council courts, VGK Kynta, Senior Advocate, High Court of Meghalaya said on Wednesday that since District Councils do not have the required funds to create fast track courts, the State Government should come forward and fund a scheme for creation of fast track courts for trial of specific types of cases.
Kynta, who is also a standing counsel for the KHADC, said that the Meghalaya Government should also appoint a full-fledged Public Prosecutor and Assistant Public Prosecutors based in the District Council Courts unlike the present situation where the same prosecutors are prosecuting both in the District Courts as well as in the District Council Courts.
“The various new laws and amendments brought forth pertaining to assault on women and child can also be tried by Presiding Officers of the District Council Courts since they are equally qualified and competent,” he observed.
Moreover, the Judge of District Council Court has the power to try offences punishable with death, for life or imprisonment for a term of not less than 5 years under the Indian Penal Code or under any law for the time being applicable in the Khasi Hills Autonomous District Council.
According to Kynta, the State Law Department should work out a plan to help fund the District Council Courts for creation of fast track courts duly empowered by the Governor for trial of cases involving women and minors.
Putting the onus on the High Court of Meghalaya is not the option, but a serious endeavour from the part of the Government is needed, he added.
According to legal experts, there is a huge pendency of other criminal cases in the District Council Courts besides many number of rape and murder cases. The shortage of judicial officers to try such cases is the main reason, they argued.
The fast track courts created under a scheme of the Eleventh Finance Commission was never extended to District Council Courts and the scheme has expired and presently fast track courts are state funded.
At present, the fast track courts in the State do not have the power or jurisdiction to try cases arising between tribals and occurring within the Autonomous District unless so empowered under the provisions of the Sixth Schedule to the Constitution of India and this was the view of the then Gauhati High Court on a reference by the then Shillong Bench in a matter related with trial of a rape case by a fast track court.
The District Council Courts can try suits and cases arising between members of the Schedule Tribe Community within the Autonomous District to the exclusion of any other Courts in the State. Pursuant to a judicial pronouncement in this context, the Law Department issued instructions to the Deputy Commissioners and their assistants for transfer of cases to District Council Courts for trial and disposal.
By virtue of Para 4 and 5 of the Sixth Schedule to the Constitution of India, the Courts created under the Code of Criminal Procedure (CrPC), 1973, do not have the powers and jurisdiction to try cases arising between members of the tribal community and occurring within the Autonomous District.