NIRASINGH MOMIN Vs. JENGNO MARAK

JUDGEMENT

(1.) THE question of law referred to this Full Bench arises out of a proceeding under Section 145, Criminal P. C. pending in the Court of the Magistrate. First Class, Garo Hills, Tura.

(2.) THE facts giving rise to the proceeding involving likelihood of breach of peace with respect to certain land, where jhum cultivation is being carried on. are not material for the present cur -pose. The matter came up before my learned brother Pathak, J. who referred the question of law which appears to be raised by the petitioner to the effect that Rule 23 (2) and Rule 24 (1) of the Garo Hills Autonomous District (Administration of Justice) Rules, 1953. hereinafter called 'the Rules' are ultra vires Para 4 of the Sixth Schedule to the Constitution of India. It has been also mentioned in the reference that a Division Bench decision of this Court in AIR 1963 Assam 31 (Manick Syiem v. U. Rose Mohan Roy) and the decision reported in ILR (1963) 15 Assam 66 (U.F. Siem v. U. Lebanon Kharkongor) and an unreported decision in Criminal Ref. No. 18 of 1963 (Assam) (U. Swip v. U. Rober) may require reconsideration.

(3.) WHILE considering the submissions of Mr. Goswami. we have got to take note of the material Rules. The above Rules were made by the Garo Hills District Council in exercise of the powers conferred under sub -para (4) of the Sixth Schedule to the Constitution of India with the previous approval of the Governor of Assam. Paras 4 and 5 of the Sixth Schedule may be set out: