The Autonomous District Council (ADC) courts normally adjudicate on matters concerning the indigenous tribals of the state. But the wheels of justice in the ADC courts grind very slow. To add to that predicament, a judge of the Meghalaya High Court some years ago ruled that cases of rape by a tribal man of a tribal woman should also be transferred to the Council’s courts for adjudication. The problem with a long drawn justice system is that jails become overcrowded. The Councils do not have their own prisons hence all the under-trial prisoners (UTPs) are lodged in the already overcrowded district jails. Thankfully a Public Interest Litigation (PIL) in the High Court has brought this vexed matter to light. It is shocking to learn that a prisoner has been languishing in jail for twelve years without the District Council Court being held accountable. Now that the High Court has taken cognizance of the matter and has asked that pending case be heard on a day to day basis and for the member secretary of the State Legal Services Authority to submit the progress report of the case on the next hearing fixed for July 7, we can hope to see justice being better administered.
It is also disturbing to know that a public prosecutor of the Khasi Hills District Council Court was unable to attend to her duties on the plea of ill health for a long period and that no substitute was appointed in her place, which in turn has led to the delay in disposal of cases. The observation of the Meghalaya High Court that the KHDC court has demonstrated, “wanton unconcerned approach,” tells its own story about the many layered justice system in this country. The District Council courts were created to dispense speedy justice to tribals who might not be able to afford legal fees over a long period of time. Also the District Council courts are to adjudicate based on customary laws but this purpose is defeated because of the undue delay in deciding the cases. The Meghalaya High Court has done the right thing by rapping the KHDC Court officials in the knuckles.