DC courts conducting trials in unprofessional manner: High Court
SHILLONG: The Meghalaya High Court on Tuesday barred the District Council courts of the three Autonomous District Councils (GHADC, KHADC and JHADC) from entertaining or granting pre-arrest bail under Section 438 of the CrPC with immediate effect.
The order was issued to all the ADCs for proper adjudication.
A source on Wednesday informed that the High Court expressed concern over the manner in which all the district council courts in the State carry out trials, saying that it was very different and unprofessional, especially in rape cases where necessary formalities are often skipped and bail is easily granted to the accused.
“This order will stabilize the whole procedure especially when it comes to trying out criminal trial by the district council courts,” the source said.
Earlier, during a hearing held on December 1, senior government advocate ND Chullai submitted that the district council courts cannot entertain application under Section 438 CrPC stating that these courts are the creation of the Sixth Schedule of the Constitution of India and they can try only certain offences and not pre-arrest bails.
Senior counsel GS Massar and BB Narzary, who appeared on behalf of the KHADC, submitted that as per Para 5 of the Sixth Schedule of the Constitution of India, district council courts have the power to try both civil and criminal cases.
It may be mentioned that in 1993, the Division Bench of the Gauhati High Court had issued a judgement which states that “the power of trial is one thing and the power to make an order of anticipatory bail conferred on the court of sessions or the High Court is another”.
“The District Council Court or Officer appointed under Paragraph 5 (1) of the Sixth Schedule for the trial of certain offences is not competent to make an order of anticipatory bail,” the 1993 judgement states. Foreseeing the reasons, the High Court of Meghalaya on Tuesday barred the district council courts from granting pre-arrest bail under Section 438 CrPC and instructed all such courts to comply with the order with immediate effect.
