U BRANSLY NONGSIANG Vs. U DROLISHON SYIEMIONG

JUDGEMENT

(1.) This is an application under Rule 13 of the Khasi Sylemship (Administration of Justice) Order, 1950, the order for short, read with Article 227 of the Constitution of India for quashing the final order dated 17-10-1985 passed by Executive Magistrate, first class, Nongstoin, Meghalaya in a proceeding under section 145 of the Criminal Procedure Code.

(2.) The order provides the procedure for dispensing Civil and Criminal Justice in the Khasi and Jaintia Hills Districts. The term Syiem means the customary head of the Khasi Tribal Institution within a definite administrative area in the districts. The Deputy Commissioner or the Additional Deputy Commissioner and his Assistants and the Court of Syiems try cases and the suits. The officers administering judicial justice are governed by the spirit of the Code of Criminal Procedure and the Code of Civil Procedure, hereinafter referred as the Code. The High Court may call for the records of these courts, examine the correctness, legality and propriety of any finding, order of sentences recorded or passed and may modify or set aside the order and/or remand the case for re-trifil. The High Court is also governed by the spirit of the Code.

(3.) What is the signification of the expressions Justice, Equity and Good Conscience? Why this formula is applied in The Tribal areas of the Region? In the tribal areas the Chiefs or the Syiems etc. used to administer Justice. They were socio-religious leaders rather, natural leaders accountable to God and the people. The trial system was simple, uncomplicated, even handed and speedy. Judges were not fettered by the quandary of any procedural law apart from the customary procedure followed from time immemorial. The people were used to the system and were happy with it. It was, therefore, decided not to bring the complicated procedural law to those areas. It is well known that the letter of a statute, as distinguished from its spiritT means the strict and exact force of the language employed, as distinguished from the general purpose and policy of the law. The Court were open, the parties were given opportunities to produce evidence and material, argue their cases and the Justices Were impartial. These were the basic elements applicable in the legal system. As such, the Courts constituted by the order were not enchained to fellow the strict and exact force of the language contained in the Code. The Courts are therefore to follow only the general purpose and policy of the Code.