SHILLONG:
The Khasi Hills Autonomous District Council (KHADC) has decided to continue its opposition to application of the Code of Criminal Procedure (CrPC) and Code of Civil Procedure (CCP) to the courts in the state.
In a meeting with headmen of villages and heads of different Himas convened at the State Convention Centre on September 21, KHADC chief executive member (CEM), Titosstarwell Chyne, asked the participants to raise their hands in unison to demand of the state government to issue a fresh notification as a correction to the previous notification by using specific wordings in line with the suggestions made by the council.
Chyne said that the state government had clarified that the notification would in no way dilute the powers and is meant only for the district and sessions courts but there is no guarantee that it will not affect the customary practices of adjudicating cases at the level of village courts and subordinate courts and the jurisdiction of the district council courts to hear and try cases between one tribal and another in tribal areas shall not in any way be diluted.
He said that the KHADC would again write to the state government on the need to issue a fresh notification with clear wordings.
When asked on the number of active and functional village courts and subordinate courts especially instances of tribals did not wait for settlement in village and subordinate courts but very fast in lodging FIRs with police, the CEM claimed that village courts are still active and the tribals used to call the police only when heinous crimes like murder took place in their areas.
He claimed all minor offences are settled among the tribals in village and subordinate courts.
It may be mentioned that the Meghalaya High Court had also asked the district council court to take up a case filed by the Dorbar Shnong Lapangap against the Dorbar Shnong Lumlakhiat and decide the same on merits.
The high court order is also a confirmation that the district council courts have their own authority.
In a judgment on September 20, the bench of Chief Justice Sanjib Banerjee and Justice W Diengdoh said, “Accordingly, C.Ref.No.1 of 2018 is disposed of by requesting the District Council Court to take up Civil Appeal No.2 of 2015 and decide the same on merits without going into the perceived lack of authority of the District Council Court to entertain the matter since the parties are agreed that the District Council Court has due authority in such regard.”