3 ADCs seeks time to decide on Govt’s move to implement CrPC, CPC in entire state

The request was made by the Chief Executive Members (CEMs) of the Khasi Hills Autonomous District Council (KHADC) and Jaintia Hills Autonomous District Council (JHADC) and Deputy Chief Executive Member (Dy.CEM) of Garo Hills Autonomous District Council (GHADC) during a meeting convened by Chief Minister Conrad K Sangma at the Secretariat on Tuesday.

Speaking to reporters after the meeting, which discussed at length the notification issued by the state government in this regard, Sangma said, “The ADCs and their legal teams have asked for 24-48 hours to go through the entire points which were mentioned and discussed and they will get back to us. We are hopeful that we will be able to take it to its logical conclusion.”

He informed that during the meeting, clarifications were given to the ADCs that there is no question of diluting or infringing into the judicial powers of the district councils.

“And that whatever steps are being taken right now and are being suggested by the government is only to regularize the overall functioning of the judiciary where the separation of the executive from the judiciary has taken place,” Sangma stated.

“The executive earlier used to take up cases and those powers were conferred or used to draw by them from the 1937 act and once the judiciary and the executive were separated, the ADC judicial did not have the powers to continue and hence the judicial magistrate came into being. And the fact that the judicial magistrates today are taking up cases, they have to be conferred powers under some provisions. 1937 provisions were specific to the deputy commissioners (DCs) because that time in 1937 there were only DCs,” he said while adding “So the powers were conferred to the administrative to the executive side and there was no judiciary at that point in time so hence the judicial magistrates will also have to draw powers from certain provisions in the constitution and hence it was suggested that it should be drawn from para 5. But while we say that it is simply to ensure that the continuity of the judiciary in terms of now from the ADC judiciary to the judicial magistrates can happen in a smooth manner – that is the main purpose.”

Reiterating that there is no intention to dilute the powers of the district councils, the chief minister said, “The provisions and the powers of the district councils are clearly mentioned in the Constitution and the Sixth Schedule so there is no question of in any way diluting those powers.”

Earlier while talking to media persons, KHADC chief Titosstarwell Chyne informed that the ADCs have recently expressed their opposition against the move to implement the said notification which seeks to extend the CrPC and CPC in the entire state.

“Accordingly, we were invited by the government for discussion on the matter today. We have discussed and deliberated at length and we have decided that all the three ADCs will sit with their legal experts and come back to the government with a proposal,” he said.

He said during the meeting, the ADCs were informed that the move of the government was to empower the judicial magistrates who were appointed after separation of the judiciary from the executive.

“Before this, the DC or ADC was also the judicial magistrate. However, after the separation was done, judicial magistrates are now being appointed at the district and sub-divisional level but they are yet to be conferred with such powers to trial cases. Therefore, the government wants the courts which have now been established in the districts and sub divisions to function smoothly,” he said.

When asked, the KHADC chief said that CM has assured the delegation of the three ADCs that the district council courts will not be affected whether it is village courts or additional subordinate courts.

“Since notification from the government is very sensitive, we decided not to agree immediately but have sought time for discussion before taking a final call on the matter,” he said.

Chyne informed that he will call a meeting of all the MDCs along with legal experts before submitting the council’s proposal to the government on this regard.

The notification states: “In pursuance to full separation of Judiciary from Executive and in exercise of the power conferred in proviso to sub-section (3) of Section 1 of the Code of Civil Procedure, 1908 (Act 5 of 1908) the Governor of Meghalaya is pleased to apply the provisions of the Code of Civil Procedure 1908 to the whole state of Meghalaya. The District Council Courts shall continue to derive powers under paragraph 4 and 5 of the Sixth Schedule to the Constitution of India.

The Governor of Meghalaya further directs that, notwithstanding such application, all actions taken by the District Courts throughout Meghalaya, under the Rules for the Administration of Justice and Police in the Khasi and Jaintia Hills, 1937 and the Rules of Administration of Justice and Police in Garo Hills, 1937 shall deemed to have been taken under the relevant provisions of the Code of Civil Procedure, 1908.”

By Our Reporter