Concern over lethargy of appointing authority
SHILLONG: The district council courts under KHADC jurisdiction are burdened with many cases- both civil and criminal- as they cater to 4 revenue districts of Meghalaya.
The Supreme Court has held that the district council courts in Meghalaya have the jurisdiction to entertain criminal cases in which both the victim and the accused belong to Scheduled Tribes.
Senior Advocate VGK Kynta said that presently there is only one presiding officer of subordinate district council court which is functional due to lethargic attitude of the appointing authority i.e. the Executive Committee (EC) of the Khasi Hills Autonomous District Council (KHADC), he said.
“Perhaps the EC, KHADC is required to be called to answer by the Honourable High Court of Meghalaya. Since KHADC is now under an administrator, perhaps this is the right time to speed up appointments of subordinate judges. It is also high time for courts under KHADC to be set up at different district head quarters so as to bring justice delivery system to the doorsteps of litigants,” he said.
On the other hand, he supported the strengthening and upgradation of district council courts in Meghalaya and added that computerisation is a must and speedy disposal of cases should be foremost.
Kynta said that district council courts are empowered to try session cases duly conferred by the Meghalaya Governor under paragraph 5 of the Sixth Schedule to the Constitution of India.
“Meghalaya is a state predominantly covered by tribal areas falling under the mandates of Article 244(2) of the Constitution of India and under Article 227, the High Court of Meghalaya has a supervisory role apart from normal judicial powers and authority,” he told The Shillong Times.
Kynta said that the district council courts are empowered to try cases emanating within the respective autonomous district council areas and jurisdiction arising in between members of the ST communities of the councils.