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IN THE HIGH COURT OF GAUHATI (SHILLONG BENCH)
Iqbal Ahmed Ansari, J.
State of Meghalaya - Appellants
Vs.
Richard Lyngdoh - Respondent
Criminal Reference No. 1 of 2004
Decided On: 16.05.2005
CRIMINAL JUSTICE SYSTEM - JURISDICTION OF DISTRICT COUNCIL COURTS - TRIAL OF CASES INVOLVING TRIBALS AND NON-TRIBALS - INTERPRETATION OF CONSTITUTIONAL PROVISIONS AND RELEVANT LAWS - APPLICABILITY OF U. YUR RYNJAH, U. BAKINGSTER SYIEMIONG, AND SHRI C LAL THAN PARA JUDGMENTS - DISTINCTION BETWEEN COMPLAINTS LODGED BY PUBLIC SERVANTS IN OFFICIAL CAPACITY AND INDIVIDUAL CAPACITY - ANALYSIS OF JURISDICTIONAL ISSUES AND EXCEPTIONS - DETERMINATION OF TRIBAL STATUS OF THE STATE - APPLICABILITY OF SIXTH SCHEDULE PROVISIONS - TRANSFER OF CASES TO APPROPRIATE COURTS.
Fact of the Case:
A written FIR was lodged by Dr. S Marak, Medical & Health Officer, alleging that the accused, as headman of Sukna village, broke into the Government quarter occupied by the informant and started looking for him with the aim of assaulting him. The accused broke open the main door and windows of the quarter, shouted that he would kill the informant, and broke all the materials inside the sitting room. Based on this FIR, a case was registered under Sections 448/427/506 IPC. The charge sheet was laid in the Court of the Additional Deputy Commissioner, Jaintia Hills District, Jowai. The learned Judge, District Council Court, Jowai, made a reference to the High Court, questioning whether a Government servant, who lodges an ejahar in his official capacity, is a tribal or non-tribal.
Finding of the Court:
1. The jurisdiction of District Council Courts to try cases involving tribals and non-tribals depends on the specific circumstances and the nature of the complaint or information lodged with the police or Magistrate. 2. A District Council Court can generally try cases where the accusation is made against a tribal of a tribal area by another tribal of the same Autonomous District Council or by a person on behalf of a tribal of such an Autonomous District Council. 3. If an information is lodged with the police by a tribal in his capacity as a public servant in discharge of his official duties, the case will be triable by the establishment of the Deputy Commissioner and not by the District Council Courts. 4. A complaint lodged by a tribal on behalf of a non-tribal will not be triable by a District Council Court. 5. The State cannot be regarded as a tribal or a non-tribal, and cases involving the State as an aggrieved party cannot be tried by District Council Courts. 6. The provisions of the Sixth Schedule to the Constitution of India govern the administration of justice in tribal areas and confer powers on District Council Courts to try certain cases.
Issues: 1. Whether a Government servant, who lodges an ejahar in his official capacity, is a tribal or non-tribal? 2. The extent of jurisdiction of District Council Courts in trying cases involving tribals and non-tribals. 3. The interpretation of relevant constitutional provisions and laws governing the administration of justice in tribal areas.
Ratio Decidendi: 1. The jurisdiction of District Council Courts to try cases involving tribals and non-tribals depends on the specific circumstances and the nature of the complaint or information lodged with the police or Magistrate. 2. A District Council Court can generally try cases where the accusation is made against a tribal of a tribal area by another tribal of the same Autonomous District Council or by a person on behalf of a tribal of such an Autonomous District Council. 3. If an information is lodged with the police by a tribal in his capacity as a public servant in discharge of his official duties, the case will be triable by the establishment of the Deputy Commissioner and not by the District Council Courts. 4. A complaint lodged by a tribal on behalf of a non-tribal will not be triable by a District Council Court. 5. The State cannot be regarded as a tribal or a non-tribal, and cases involving the State as an aggrieved party cannot be tried by District Council Courts. 6. The provisions of the Sixth Schedule to the Constitution of India govern the administration of justice in tribal areas and confer powers on District Council Courts to try certain cases.
Final Decision: The reference made by the District Council Court, Jowai, is answered accordingly. The learned District Council Court, Jowai, is directed to transfer the case in question to the Court of the Deputy Commissioner, Jowai.
I.A. Ansari, J.
1. Dr. S Marak, Medical & Health Officer lodged, as in-charge, Primary Health Centre, Sutnya, Jaintia Hills District, a written FIR, on 11.1.2001, at Khlichriat Police Station, against accused Richard Lyngdoh alleging, inter alia, that on 11.1.2001 at about 12.05 a.m., the accused aforementioned, as headman of Sukna village, broke into the Government quarter, which was in occupation and use of the informant, and started looking for the informant with the aim of assaulting him, but as the informant hid himself inside his said quarter, the accused broke open the main door of the said residential quarter, the accused also broke the window-panes of the quarter, came inside the quarter shouting that he would kill the informant and as the accused could not locate the informant, he (accused) broke all the materials inside the sitting room of the said quarter and left. Based on this FIR, Khlichriat Police Station case No. 8 (1) of 2001 (corresponding to GR Case No. 19/2001) under Section 448/427/506 IPC was registered. The investigation carried out by the police resulted into filing of the charge sheet against the accused aforementioned under Sections 427/506 IPC. The charge sheet was accordingly laid in the Court of learned Additional Deputy Commissioner, Jaintia Hills District, Jowai. After furnishing copies in terms of Section 173 Cr.P.C, the learned Additional Deputy Commissioner, Jaintia Hills District, Jowai, made over the case to the learned Judge, District Council Court, Jaintia Hills Autonomous District, for trial.
2. On noticing that though both the complainant and the accused in the case were tribals and the offences were, ordinarily, triable by the District Council Court, yet since the complainant was a Government servant and had lodged the FIR in his official capacity as doctor/in-charge of the Primary Health Centre, Sutnya, Jaintia Hills District, the case cannot be treated as a case between two tribals, the learned Judge, District Council Court, Jowai, vide order, dated 10.3.2004, made a reference to the High Court, the reference being as follows:
Whether a Government servant, who lodges an ejahar in his official capacity, is a tribal or non-tribal ?
3. As directed by Hon'ble the Chief Justice, the matter was laid before this Court. I have heard Mr. D Das, learned Counsel for the accused above-named, and Mr. A Sharma, learned Advocate General, Meghalaya, appearing on behalf of the State. I have also heard Mr. G.S. Massar, learned senior counsel, and Mr. D.K. Mishra, learned senior counsel, as amicus curiae.
4. Before coming to the submissions advanced before this Court, it is pertinent to note that Meghalaya was, initially, formed as an Autonomous State by virtue of Section 3 of the Assam Re-Organisation (Meghalaya) Act, 1969, which came into force w.e.f 2.4.1970. The Autonomous State of Meghalaya was created within the State of Assam and the said Autonomous State of Meghalaya comprised of the Autonomous Garo Hills District and Autonomous District of Khasi and Jaintia Hills.
5. Thereafter, North Eastern Areas (Re-Organisation) Act, 1971, was enacted, which came into force w.e.f. 21.1.1972, and by virtue of the same, the State of Meghalaya came into existence and the same comprised of the territories contained in the aforesaid Autonomous State of Meghalaya, the Cantonment and Municipality areas of Shillong. It may be noted that prior to the enactment of the North Eastern Areas (Re-Organisation) Act, 1971, the areas contained in the Cantonment and the Municipality of Shillong (also known as Normal Areas) did not form part of the Autonomous State of Meghalaya. The Municipality of Shillong (Normal Areas) includes the Territories of Police Bazar, Jail Road and the General Ward, which is also known as European Ward. It may also be noted that the Syiem (who is customary Head of Khasi Tribal) of Mylliem ceded to the Shillong Municipality some of the areas of Syiemship for the purpose of Municipal Administratio
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