NDLI: The State of Meghalaya Vs. Melvin Sohlangpiaw

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Constitution of India Paragraph 4 and 5 Sixth Schedule
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Indian Penal Code (45 of 1860) Constitution of India, Code of Criminal Procedure, 1973 (2 of 1974)
Case Type	Special Leave Petition
Court	Supreme Court of India
Disposal Nature	Others
Headnote	Constitution of India: Sixth Schedule, Paragraph 4 and 5 – Respondent, a member of the Khasi Scheduled Tribe, was tried for murder of victim-deceased who also belonged to Khasi Scheduled Tribe – Charge- sheet filed against respondent under ss.302 and 201 IPC and case committed for trial to the Court of Sessions Judge – Respondent filed petition for transfer of the case to the Court of Judge, Khasi Hills Autonomous District Council – High Court allowed the petition – Hence the instant special leave petition – Whether the criminal case against the Respondent is exclusively triable by the District Council Court, having regard to the scheme and language of paragraphs 4 and 5 of the Sixth Schedule to the Constitution – Held: In exercise of powers under paragraph 4(4) of the Sixth Schedule to the Constitution, the United Khasi-Jaintia Hills Autonomous District (Administration of Justice) Rules, 1953 were adopted – r.9 provided 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 r.9 and paragraph 5(1) of the Sixth Schedule, a notification was published on 07.02.2017, by 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 – Under paragraph 5(1), the Governor is invested with the power to confer 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 C.P.C. as he deems appropriate, for the trial of certain suits, cases, and offences – The conferral of powers under the Cr.P.C. in certain instances, as was done by notification dated 07.02.2017 made it amply clear that the District Council Court has jurisdiction to entertain criminal cases, notwithstanding the fact that the State is the de jure Complainant in such cases and cannot be considered as a tribal party – Admittedly, the victim and the Respondent-accused both belonged to the Khasi Scheduled Tribe – Upon a combined reading of paragraphs 4 and 5 of the Sixth Schedule, such District Council Court has the exclusive jurisdiction to entertain such a case – High Court was justified in transferring the criminal case against the Respondent-accused from the Court of Sessions Judge to the Autonomous District Council – The transferee Court, i.e. the District Council Court directed to proceed with the trial in accordance with law – United Khasi-Jaintia Hills Autonomous District (Administration of Justice) Rules, 1953 – r.9 – Code of Criminal Procedure, 1973 – Penal Code, 1860 – ss.302, 201.
Judge	Hon'ble Mr. Justice Mohan M. Shantanagoudar
Neutral Citation	2020 INSC 171
Petitioner	The State Of Meghalaya
Respondent	Melvin Sohlangpiaw
SCR	[2020] 4 S.C.R. 501
Judgement Date	2020-02-11
Case Number	1218

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