Khasi Hills Autonomous District Council (KHADC) Chief Executive Member (CEM) Titos Chyne has opposed the state government’s clearance to notify the Criminal Procedure Code and Civil Procedure Code in tribal areas.
He asked the government to reconsider its stand and to keep the notification in abeyance.
Chyne said that he would meet the Chief Minister, Conrad K Sangma, to make sure that the CrPC and the CPC do not cut into the powers of the district council courts.
He told reporters on September 8, “I am upset at the decision of the cabinet and did not expect that the government will rush with this issue. This is a very sensitive issue. I am still urging the government to reconsider its stand and to keep the notification in abeyance.”
He observed that the powers and functions of the district council courts will be diluted if CrPC and CPC are made applicable to them and it will be difficult to run the village and the subordinate courts.
Chyne said that the imposition of CPC and CrPC warrants the need to have law graduates in the village courts and subordinate courts.
“The imposition of CPC and CrPC means that it will be applied in village courts and subordinate courts, then who will go? It will impact the general public,” he said.
It may be mentioned that the cabinet on Wednesday approved the provision of CPC and CrPC to the courts in Meghalaya.
Stating that the KHADC has discussed that the notification will dilute the powers and functions of the district council courts, village courts and subordinate courts, the KHADC has suggested that these should be excluded.
“We wrote to the government that the notification can be like this – ‘To apply the provision of Code of Civil Procedure, 1908 to the District Court in the state of Meghalaya excluding the Courts created under the Sixth Schedule to the Constitution of India and these Courts shall continue to derive power under Paragraph 4 and 5 of the Sixth Schedule to the Constitution of India and the exclusive jurisdiction of the District Council Court to hear and try cases between tribals in tribal areas shall not, in any way be diluted’. These were the words that we have submitted to the state government for inserting in the notification,” he said.
Chyne said that he will call for a meeting of all MDCs on Monday to discuss on the matter.