SHILLONG, Aug 1: As apprehension continues to run rife among some quarters with regard to the state government’s proposal of issuing a notification to implement Civil Procedure Code (CPC) and Criminal Procedure Code (CrPC) throughout the state, the Khasi Hills Autonomous District Council (KHADC) has decided to submit a resolution to oppose the proposed move.
The decision was taken at a meeting of all the MDCs of the Council which was chaired by the Chief Executive Member of KHADC, Titosstarwell Chyne, here on Monday.
Talking to reporters after the meeting, Chyne said that the power of the judiciary of the Autonomous District Councils (ADCs) will be diluted if the state government issues this notification.
As of now, he said, only the spirit of the CPC and CrPC is being implemented, while adding that the two legislations are yet to be implemented in totality throughout the state.
Cases involving tribal people that are currently handled by the village court, subordinate courts in the Himas and the district council courts would have to be taken up with the District and Session Courts if the government issue the notification.
Citing an example, Chyne said that a land conflict between two individuals is solved either in the village court or subordinate court.
“Such cases will take years to settle once it is taken up by the District and Session Court,” the CEM informed.
Chyne also told reporters that the Commissioner and Secretary of District Council Affairs (DCA) department has convened a meeting with the legal counsels of all three ADCs in the state to discuss the matter.
The state government has agreed to take a relook on the proposal, the CEM said, adding that the government will also come up with a draft notification on implementation of CPC and CrPC throughout the state.
According to him, the state government assured that the draft notification should be send to the ADCs to give their views.
“We are not waiting to get the draft notification to be able to deliberate over the details,” Chyne asserted.
HC hopeful of notification within next two weeks
The High Court of Meghalaya, on the other hand, has hoped that the notification under the Proviso to Sub-section (2) of Section 1 of the Code of Criminal Procedure, 1973, will be approved by the state Cabinet within the next two weeks.
During the hearing of an appeal against the judgment sentence, it was submitted by Advocate-General that the matter pertaining to the issuance of a notification was taken up by the cabinet last week.
“Following the apprehension expressed from some quarters, including the Autonomous District Councils, discussions have been held, as informed by learned Advocate, and it is hoped that appropriate notification in such regard will be approved by the Cabinet within the next two weeks,” the court said.