SHILLONG, Sep 4: The Khasi Hills Autonomous District Council (KHADC) has decided not to accept the the government’s draft notification on Civil Procedure Code (CPC) 1973 and Criminal Procedure Code (CrPC) 1908. It will instead propose its own draft.
“We will propose our own draft to the state government. We will be submitting our proposal to Chief Minister Conrad K Sangma on Monday,” KHADC Chief Executive Member (CEM) Titosstarwell Chyne said here on Sunday.
Moreover, the Council will urge the state government not to extend the operation of the two legislations in scheduled areas.
Meanwhile, the Hills State People’s Democratic Party (HSPDP) East Khasi Hills unit has expressed its concern over the decision of the state government to implement the two legislations throughout the state.
HSPDP East Khasi Hills president Martle N Mukhim said that this decision will weaken the spirit of the Sixth Schedule.
According to him, it will dilute the powers the district council court and also the traditional courts of the Hima.
Earlier, the three Autonomous District Councils (ADCs) had sought 48 hours’ time from the state government to examine the Governor’s recent notification for implementing the provisions of the CPC and CRPC throughout Meghalaya. The heads of the KHADC, JHADC and GHADC recently met Chief Minister Conrad Sangma and expressed concern over the dilution of the powers of the district council courts because of the notification. Deputy CEM of Garo Hills Autonomous District Council Nikman Marak had said that 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 had 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 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.
