Shillong, Sept 11: The Press Statement of Conrad sangma, the Chief Minister of Meghalaya reiterating that the extension of CrPC and CPC to all the Courts of the State will not in anyway affect the functions of the Courts created under the Sixth Sxheduled to the Constitution of India Viz. the Village Courts, Sub-ordinate District Council Courts (Courts of Hima) and the District Council Courts.
The Chief Minister had also further stated that the Notification of the Government will not dilute the powers and jurisdiction of these Courts as they are protected by the Constitutional provisions.
On this matter, since the Chief Minister is hell-bent to extend the provisions of the CrPC and CPC to all Courts in the State, HYC would like to ask the following questions to Conrad Sangma and we want him to provide a clear cut answers to them:
Are you aware that the creation and appointment of the District and Session Courts as well as District Council Courts are done as per the provisions of the Constitution of India? If both are the creation of the same Constitution, then is it not a duty of a law maker to make sure that there are no conflict between the two types of Courts before deciding to issue any Notification which may instead lead to conflict of jurisdiction and power?
Whether the Village Courts, Sub-ordinate District Council Courts and the District Council Courts will now strictly follow in letter the procedures as laid down under CrPC and CPC as the same extended to all Courts in Meghalaya? As you are adamant to incorporate the words “Exempting the courts created under the Sixth Scheduled” in your Notification.
The HYC also ask the Chief Minister who will bear the expenses for the appointment of qualified law graduates to be appointed as Chairman of Village Court and Sub-ordinate District Council Courts as mandated by the application of CrPC and CPC?.
Will it not a burden on the common man to require the engagement of a lawyer for defending cases even in the Village Courts on account of the technicality of procedures? Have you even thought about it?.
Since the MDA government have extended the CrPC and CPC in the State, whether the Courts created under the Sixth Scheduled will follow their own procedural Rules like the United Khasi and Jaintia Autonomous District ( administration of Justice) Rules, 1953, etc or will they have to follow CrPC & CPC?.
And in the vent their is a conflict between the Rules made by the Distrcit Councils and the provisions of CPC and CrPC, which law and rule will prevail? Have you any idea of the repercussions of your act when Para 12 A (a) of the Sixth Scheduled is clear on this point.
From now onwards, Will the District Courts (Normal Courts) proceed to try and hear cases between tribals in tribal areas or will this still be the exclusive jurisdiction of the District Council Courts? As already laid down by the Sixth scheduled and upheld by the High Court and the Supreme Court.
The Chief Minister have stated earlier that the proposal of the KHADC is to ensure a 100% guarantee that the power and jurisdiction of the Courts created under the Sixth Scheduled will not be diluted.
Then why have you decided not to accept the said proposal? Why do you want the ADCs or any citizen to approach the Hon’ble High Court or the Supreme Court to interpret and struck down the Notification of your Government? Why do you unnecessarily want to waste the Hon’ble Courts time and also public, private money in litigating on the issue which can be solved administratively?
Why are you adamant in inserting the words “ …except the courts created under the Sixth Scheduled to the Constitution of India and the jurisdiction of the District Council Courts to hear and try cases among tribals in tribal areas shall not be disturbed or diluted” in your Notification?.
What is the real motive behind all this? Are you trying to systematically weaken our traditional institutions by taking away the power and functions of the judicial authority prevailing for thousands and thousands of years?
The Hynniewtrep people and the citizens of the State demand an answers from the Chief Minister and we urged him to provide a clear cut answer to the questions above as this issue is related to our customs and practices and it gnaws to our core as a tribal society, said Mr. Roy Kupar Synrem general Secretary of the HYC.
