SAT NARAIN Vs. SARJU

JUDGEMENT

(1.) These are three applications by which the High Court is asked to transfer cases pending before a pan-Ghayai constituted under Local Act VI of 1920 from the panchayat seised with hearing the cases to some other Court or panchayat competent to entertain the same. The applicants applied to the " Collector, " that is to say, to the Sub-Divisional Officer exercising the powers of a Collector under Section 74. He refused to interfere in. the matter on the ground of the vagueness of their allegations. In respect of the merits of the matter both my learned brother and myself are satisfied that there is no reason for interfering and these applications will be dismissed on the facts. But inasmuch as in the order of reference by which the matter came before us certain points have been raised as to our jurisdiction I consider it advisable to express my own opinion on the competence of the High Court to entertain such applications. It appears to me clear that a village panchayat constituted under the provisions of Local Act VI of 1920 is not a "Criminal Court" within the meaning of Chapter II of the amended Criminal P. C. and as it is not a Criminal Court within the meaning of that Act Section 526 would have no application. It has, however, been pressed upon us that this Court would have power to transfer under the provisions of Section 22 of the Letters Patent of this Court. Section 22 of the Letters Patent is as follows: We do further ordain that the said Court shall have power to direct the transfer of a criminal case or appeal from any Court to any other Court of equal or superior jurisdiction.

(2.) Village panchayats are in no way subordinate to the authority of the High Court. The High Court cannot in any way interfere either in appeal or revision with their decisions. The only authority which can interfere with their decisions is the Collector or the officer to whom the Collector's powers are delegated under the provisions of the Local Act. These officers are Revenue Officers. It appears to me impossible to read the words in Section 22 of the Letters Patent "From any Court to any other Court of equal or superior jurisdiction" to mean more than " From any Court subordinate to the High Court's authority to any other Court of equal or superior jurisdiction subordinate to the High Court's authority." If a Court is not subordinate to the High Court's authority how can the High Court make its order effective? As far as I can see if this Court ordered a panchayat to transfer a case to another panchayat and either panchayat refused to obey the High Court's order, the High Court would have no method of enforcing its order, and for this reason alone I cannot see that Section 22 can have any application. I, therefore, give it as my view that this Court has no jurisdiction to direct the transfer of a case from a panchayat constituted under the provisions of Local Act VI of 1920. Kanhaiya Lal, J.

(3.) The question for consideration in these cases is whether this Court is competent under Section 526 of the Criminal P. C. or Section 22 of the Letters Patent to transfer a criminal proceeding pending before a village panchayat to another village panchayat.