- The Supreme Court while deciding the issue observed that as per section 1 of the Cr.P.C. the provisions of the Cr.P.C. other than those related to chapter VII, X and XI are not applicable to the tribal areas in the State of Meghalaya including Khasi Hills District unless State has issued any notification implementing the provisions of Cr.P.C. and in absence of any such notification.
- Supreme Court further observed that”
- Under the 6th Schedule to the Constitution, Paragraphs 4 and 5 deal with the administration of justice in Autonomous Districts and Autonomous Regions referred to in paragraph 2 of the 6th Schedule. As mentioned supra, paragraph 4(1) accords the District Council or Regional Council, as the case may be, with the power to constitute Courts to exclusively try suits and cases where all parties thereto belong to Scheduled Tribes within such areas. This, however, does not apply to those suits and cases that are covered by paragraph 5(1) of the 6th Schedule, wherein the Governor may confer on the District or Regional Council, or the courts set up by a District Council, or on any officer appointed by the Governor in that behalf, such powers under the Cr.P.C. or the Code of Civil Procedure (‘C.P.C.’) as the Governor deems appropriate. Further, paragraph 4(4) stipulates that Courts setup by the District Council are to function in accordance with the procedure evolved by the rules made by the District Council or Regional Council, as the case may be.
- In the instant case, in exercise of powers under paragraph 4(4) of the 6th Schedule to the Constitution, the United Khasi Jaintia Hills Autonomous District administration of Justice) Rules, 1953 were adopted. Rule 9 here under provides for the constitution of one District Council Court for the Khasi Hills Autonomous District and for the appointment of judges thereto.
- In exercise of such powers under Rule 9 and paragraph 5(1) of the 6th Schedule, a notification was published on 07.02.2017, vide which the Governor of Meghalaya appointed an Additional Judge to the District Council Court, Shillong and conferred her with powers for the trial of offences punishable with death, transportation for life or imprisonment for a term of not less than five years under the IPC or any other law applicable in the Khasi Hills Autonomous District Council.
- Reading paragraph 4 and 5 of the 6th schedule together only the District Council Courts has the exclusive jurisdiction to try the case which falls in their jurisdiction and as per the provisions of The United Khasi, Jaintia Autonomous Hills District ( Administration of Justice Rules 1953.
- (The State of Meghalaya vs Melvin Sohlangpiaw, SPL(Cri) 1218/2018 decided on 11 February 2020)
