Shillong, Sep 8: The Khasi Hills Autonomous District Council (KHADC) and the Hynniewtrep Youth Council (HYC) have opposed the state government’s decision to extend the Code of Criminal Procedure (CrPC) and Code of Civil Procedure (CPC) to the tribal areas of the state as this would “dilute the powers of the district council courts”.
“We will not accept the notification as it is against the spirit of the Para 5 (3) of the Sixth Schedule which says that the CrPC and CPC will not apply,” KHADC chief Titosstarwell Chyne told reporters on Thursday.
Chyne said the government went ahead with approving the notification without taking into consideration the suggestions of the district council to include the words “excluding the courts created under the Sixth Schedule to the Constitution of India and that these courts shall continue to derive powers under Para 4 and 5 of the Sixth Schedule to the Constitution of India”.
“The notification clearly stated that the CrPC and CPC will apply to all courts of Meghalaya which also include the district council courts, subordinate courts and village courts,” he added.
Chief Minister Conrad Sangma said on Wednesday that the decision was taken after detailed consultation with all the district councils and after clarifying their concerns. (Read: Cabinet nod to extension of CrPC, CPC to all courts in state)
Meanwhile, HYC president Robertjune Kharjahrin called the decision an error. However, “we suspect that it is not an error” and “what if the government has done it purposely”, the HYC leader wondered.
“We feel the government should rectify it. The government wants to extend CrPC and CPC. They can do so in normal courts but they should not do in village courts, additional subordinate courts and district council courts,” he added.
Both Chyne and Kharjahrin listed several reasons why the decision should be revoked. The CEM said the notification in its present form can also be interpreted that it will also apply to the district council courts.
Kharjahrin said if the government extends the CrPC and CPC to all the courts in the state, this means that the village courts which are functioning based on customs and traditions, will have to follow the letter of the CrPC and CPC but most of the traditional headmen and traditional chiefs are not lawmen.
“The moment you bring the CPC and CrPC into the grassroot level which means that all the Syiems and the Chiefs will have to pass law in order to hear cases. In case they don’t have a person who already passed law, they have to hire somebody and they will have to spend lots of money.
“Secondly, we know the district council courts in Khasi and Jaintia Hills they have the United Khasi Jaintia Hills Administration of Justice Rules 1953 and also they have the Khasi Syiemship Administration Rules, 1950 and through this, they hear and trial the cases. Now if the government extends the CrPC and CPC, there will be direct contradiction between these two rules along with these two procedures so going by para 12 AA definitely CrPC and CPC will prevail,” Kharjahrin explained.
Both Chyne and Kharjahrin said it would be better if the state government shuts down the traditional courts.
“Please arrange a ceremony to close down all the traditional courts, if you (government) no longer feel that the Sixth Schedule and district council courts created under it are not needed anymore,” Kharjahrin said.
Demanding the government to keep on hold the notification, the KHADC chief said, “The government should not notify the notification so long as the matter is yet to be resolved.”
When asked, Chyne said he will convene a meeting with all the MDCs to take a collective decision on Monday next.
Meanwhile, the opposition Congress in the KHADC has also demanded the state government to relook into its decision and consider exempting the district council courts from the provisions of the CrPC and CPC.
“We vehemently oppose the government’s decision as it seeks to snatch away the judicial powers of the district council courts,” Leader of Opposition PN Syiem told reporters.
The Association of Democracy and Empowerment, Garo Hills, also issued a statement on Thursday opposing the government’s move.
“We were taken aback as well as appalled by the decision of enforcing Code of Criminal Procedure (CrPC) and Code of Civil Procedure (CPC) in tribal areas in Meghalaya by the current Government. We couldn’t fathom the reason behind why would a legislature chosen by us, the tribal people, even think of diminishing the powers of our own customary institutions like District Council Courts, Village Courts, Laskars, Nokmas, Sardars, Doloi, Traditional Heads of Meghalaya,” said Dalseng Bira Ch. Momin, ADE president.
