THE STATE OF MEGHALAYA versus MELVIN SOHLANGPIAW

THE STATE OF MEGHALAYA versus MELVIN SOHLANGPIAW

A combined reading of paragraphs 4 and 5 of the Sixth Schedule and the specific notification dated 07.02.2017 conferring powers under the Cr.P.C. on the District Council Court leads to the conclusion that where both the accused and the victim belong to the same Scheduled Tribe, the District Council Court has exclusive jurisdiction to try the criminal case; consequently the High Court was justified in transferring the case from the Sessions Court to the District Council Court, which must proceed with trial after framing of charges.

Parties
Petitioner: The State of Meghalaya; Respondent: Melvin Sohlangpiaw
Jurisdiction
India
Judgment Date
11 February 2020
Procedural Posture
Special Leave Petition (criminal) No.1218 of 2018 / SLP to the Supreme Court Against the High Court of Meghalaya Order Dated 05.12.2017 in Transfer Petition (criminal) No.4 of 2017; SLP Disposed of by This Court
Outcome
Special Leave Petition disposed of
Legal Topics
Sixth Schedule, Jurisdiction of District/regional Council Courts, Administration of Justice in Autonomous Districts, Transfer of Criminal Cases, Application of Cr.p.c. to Tribal Areas
Constitutional Law Criminal Law Procedural Law Sixth Schedule Jurisdiction of District/regional Council Courts Administration of Justice in Autonomous Districts Transfer of Criminal Cases Application of Cr.p.c. to Tribal Areas

Case Brief

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Parties

The State of Meghalaya

Petitioner

Melvin Sohlangpiaw

Respondent

Procedural Posture

Special Leave Petition (criminal) No.1218 of 2018 / SLP to the Supreme Court Against the High Court of Meghalaya Order Dated 05.12.2017 in Transfer Petition (criminal) No.4 of 2017; SLP Disposed of by This Court

Legal Issues

  1. 1 Whether the criminal case against the respondent is exclusively triable by the District Council Court under paragraphs 4 and 5 of the Sixth Schedule to the Constitution

Ratio Decidendi

A combined reading of paragraphs 4 and 5 of the Sixth Schedule and the specific notification dated 07.02.2017 conferring powers under the Cr.P.C. on the District Council Court leads to the conclusion that where both the accused and the victim belong to the same Scheduled Tribe, the District Council Court has exclusive jurisdiction to try the criminal case; consequently the High Court was justified in transferring the case from the Sessions Court to the District Council Court, which must proceed with trial after framing of charges.

Court Disposition

Special Leave Petition disposed of

Orders

  • High Court order dated 05.12.2017 allowing transfer of the case to the Court of Judge, Khasi Hills Autonomous District Council, Shillong is upheld
  • District Council Court to issue fresh summons to the accused if he has not already entered appearance and to proceed with the trial after framing of charges in accordance with law