SHILLONG, Aug 30: The three Autonomous District Councils (ADCs) have sought 48 hours’ time from the state government to examine the Governor’s recent notification for implementing the provisions of the Code of Criminal Procedure, 1973, and Code of Civil Procedure (CPC), 1908, throughout Meghalaya.
The heads of the KHADC, JHADC and GHADC on Tuesday met Chief Minister Conrad K Sangma and expressed concern over the dilution of the powers of the district council courts because of the notification.
“We have sought 48 hours to discuss this matter with our legal experts. All the three ADCs will individually submit the reply to the CM on their stand to the proposal to enforce CRPC and CPC throughout the state,” GHADC Deputy CEM Nikman Marak told reporters after the meeting with the chief minister.
He clarified that the three ADCs would hold meetings on the issue separately.
Marak said the three ADCs are worried that the proposal to implement the two codes in Meghalaya would dilute the powers of the district council courts.
“We had impressed upon the Chief Minister that the district council courts should continue to wield the powers they have,” he said, adding that the application of the provisions of the CRPC and CPC is exempted between two tribals.
“The cases between two tribals are being adjudicated by the district council courts,” Marak said, pointing out that the district council and village courts in Meghalaya draw their power from the Sixth Schedule of the Constitution.
“The provisions of the CPC and CRPC are also not applied by the village courts in cases involving two tribals,” he said.
Echoing a similar concern, KHADC chief Titosstarwell Chyne said the chief minister assured them that the powers of the district council courts will not be diluted.
“If the state government desires to empower the normal court in various districts to try cases involving non-tribals, certain provisions of the CrPC and CPC could perhaps be made applicable after thorough discussion with all the stakeholders,” he said.
Sangma said there was no question of diluting or infringing upon the judicial powers of the district councils. Steps taken or suggested by the government are only to regularise the overall functioning of the judiciary.
He observed that the powers conferred upon the deputy commissioners earlier were drawn from the 1973 code.
“But the judicial magistrates came into existence following the separation of the executive and judiciary, and they are taking up cases today. Therefore, there is a need for the judicial magistrates to be given some powers,” Sangma said.
He said the provisions of the 1973 set of rules were specific to the DC since there was no judiciary at that point in time.
“The judicial magistrates will also have to draw powers from certain provisions of the Constitution. It is to ensure the continuity of judicial power from the ADC courts to the magistrates,” he said.
Sangma said they are hopeful of taking the matter to its logical conclusion once the three ADCs explain their stand to the state government within the 48 hours sought.
The government recently issued a notification that reads: In pursuance to the full separation of Judiciary from the Executive and in the exercise of the power conferred in the proviso to sub-section (2) of Section of the Code of Criminal Procedure 1973 (Act 2 of 1974), the Governor of Meghalaya is pleased to apply the provisions of the Code of Criminal Procedure, 1973, to the District Courts in the State of Meghalaya. The District Council Courts shall continue to derive powers under paragraphs 4 and 3 of the Sixth Schedule to the Constitution of India.
The Governor further directed that, notwithstanding such an application, all actions taken by the district courts throughout Meghalaya under the Rules for the Administration of Justice and Police in the Khasi and Jaintia Hills, 1937, and the Rules of Administration of Justice and Police in Garo Hills, 1937, shall be deemed to have been taken under the relevant provisions of the Code of Criminal Procedure, 1973.
