Exempt scheduled areas from CPC, CrPC: KHADC

SHILLONG, Sep 21: The Khasi Hills Autonomous District Council (KHADC) and various traditional heads adopted a resolution on Wednesday to urge the state government to exempt the scheduled areas from the purview of Civil Procedure Code (CPC) and Code of Criminal Procedure (CrPC) by modifying its earlier notification.
The resolution was adopted at a meeting which the KHADC convened and the traditional heads of various Himas and the magistrate of the district council court and its legal counsel attended.
Later, KHADC Chief Executive Member Titosstarwell Chyne told reporters the council will first suggest the state government to make some modification in the notification to exempt the district council court, additional subordinate courts and village courts from the extension of the applicability of the two legislations.
“We would also suggest the government to issue a separate notification to exempt the district courts and other traditional courts if it cannot modify the notification,” he said.
The council will write to the government in this regard in a day or two, he added.
To a query, Chyne said the KHADC will explore moving the court as the last option if the government refuses to accept its suggestion.
“The only thing we want is government should make it clear by way of a notification that the two legislations will not extend to areas falling under the council,” he said.
He said the notification is imperative to avoid confusion in the future.
“We know the court can interpret it in whatever manner if there is no mention that CPC and CrPC will not be extended to the courts under the KHADC,” Chyne said.
He had earlier urged the government to not rush with the issue but wait for some time and allow the council to hold a discussion on the notification.
He had stated the government made it very clear there was no question of diluting the powers of district councils or interfering with village courts or changing the procedure in district council courts.
“As far as cases between tribals are concerned, the Law department has clarified that the district council will continue to be adjudicated by the district council courts since it has been empowered under provision under para 4 and 5 of the Sixth Schedule,” Chyne had stated.
The notification issued by the government 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.”