Cases between the parties, particularly those who belongs to the Scheduled Tribe community of the State of Meghalaya as far as jurisdiction is concerned, in view of the provision of Paragraphs 4 and 5 of the Sixth Schedule of the Constitution of India, lies with the respective District Council Courts as upheld by the High Court of Meghalaya through the learned bench led by Justice W. Diengdoh in the case of Shri Donbok Buam & 3 Ors. Vs. Superintendent of Police & Anr. and Shri. Donbok Buam Vs. Superintendent of Police & Anr. ( Crl.Rev.P. No. 3 of 2021 with Crl.Rev.P. No. 4 of 2021).
A brief background of the case is that a complaint was filed against the Petitioners herein by one Smti Baiamonlang Tariang, which case after investigation culminated in filing of the charge sheet and registration of GR Case and in another complaint against the Petitioner No.1 u/s 506 IPC was instituted before the said Judicial Magistrate, Amlarem. The Petitioners have then preferred an application before the Court of the Deputy Commissioner (Judicial) at Jowai u/s 408 Cr.P.C r/w Rule 2 and 14 of the Khasi Syiemship (Administration of Justice) Rules, 1950, seeking for transfer of the above cases to the District Council Court on the ground that both parties are members of the tribal community of the State of Meghalaya and as such, the District Council Court has exclusive jurisdiction to try cases of this kind. Again, as stated above, the learned Deputy Commissioner (Judicial) vide impugned order had dismissed the respective applications on the ground that no power is vested on the Court of the Addl. Deputy Commissioner to transfer original cases from one criminal court within its jurisdiction to other criminal courts under the jurisdiction of the District Council Court.
Mr. E. Nongbri, learned counsel for the Petitioner has submitted that the learned Deputy Commissioner (Judicial) has failed to comprehend the import of the constitutional provision of the Sixth Schedule to the Constitution of India wherein at paragraphs 4 and 5 of the same, it is clearly stipulated that trial of suits and cases between the parties all of whom belonged to Scheduled Tribe within the area of the District Council are to be tried by courts constituted by the said District Council. It was therefore submitted that this Court exercising its jurisdiction under Article 227 of the Constitution of India r/w Section 401 and 407 Cr.P.C may be pleased to set aside the impugned order dated 10.03.2021 and to direct the transfer of the GR case in question to the District Council Court for trial.
Mr. T.L. Jyrwa, learned GA for Respondent No. 1 and Ms. P.S. Nongbri, learned counsel for Respondent No. 2 in response to the contention and submission made by the learned counsel for the Petitioner has fairly and candidly conceded that the proposition of law as advanced is correct and that the authorities cited by the learned counsel for the Petitioner are relevant to the subject matter and as such, no strong objection is raised for the impugned order to be set aside and quashed and consequently for transfer of the above GR cases to the District Council Court, Jowai.
After the perusal of the facts and arguments by the respective parties, the Hon’ble Court held, “In the light of the above, the impugned order dated 10.03.2021 cannot stand the scrutiny of law and procedure and are liable to be set aside and quashed. Consequently, the petitions in question are hereby allowed and the learned Additional Deputy Commissioner(Judicial), Jowai is hereby directed to transfer the cases of the Petitioner(s) to the Court of the Judge, District Council Court, Jowai who will then proceed to dispose of the same or endorse the cases to any Court of competent jurisdiction.”
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Judgment reviewed by Vandana Ragwani
