FORCHING RAVA AND ORS. Vs. THE STATE

JUDGEMENT

(1.) THIS is an application by one Forching Rava and 5 others under the provisions of Section 526 of the Code of Criminal Procedure praying for a transfer of the case pending against them before the Additional Deputy Commissioner of Shilling to a Court of competent jurisdiction at Gauhati on the ground of the convenience of the parties.

(2.) THE offence of dacoit for which the petitioners are being prosecuted, is said to have taken place within the territorial limits of the Khasi Hills. Mr. Das for the petitioners contends that with effect from the 26th of January, 1950, the Code of Criminal Procedure is in force in the Khasi and Jaintia Hills, and that the order passed by the Governor of Assam on 25.1.50 for the administration of justice in the Khasi States, no longer governs the trial of an offence committed within the Khasi States. He has pointed out that the order made by the Governor of Assam on 25.1.50 was made in pursuance of the powers conferred by Section 4 of the Extra Provincial Jurisdiction Act, 1947, as delegated to him by the Government of India in the Ministry of States by their notification No. 335 -I.B ., dated 2.11.48, - an Act which cannot be regarded as being in force on and after 26.1.50, having regard to the fact that the Khasi States, after 26.1.50, are part of the territory of Assam.

(3.) PARAGRAPH 20 of the 6th Schedule to the Constitution of India describes what are tribal areas. Tribal areas are the areas specified in parts A and B of the table contained in the 6th Schedule. The United Khasi -Jaintia Hills District is mentioned in part A of the table, as a tribal area. Paragraph 19 of the 6th Schedule contains transitional provisions with regard to the administration of the areas described in the 6th Schedule. Clause (b) of paragraph 19 says: