Kohima, March 12 (MExN): The Gauhati High Court, Kohima Bench, has sought a written update from the Nagaland government on the steps being taken to operationalise Customary Courts under Chapter IVA of the Rules for Administration of Justice and Police in Nagaland, 1937, as amended by the Third Amendment Act, 1984.
The matter emerged from a batch of petitions, with one of the key issues being the applicability of Chapter IVA of the 1937 Rules, which provides for the constitution of Customary Courts.
During the proceedings, the Additional Advocate General (AAG) Nagaland informed the court that the State Government has initiated the process to operationalise the Customary Courts in terms of the proviso to Section 1[3] of the Rules for Administration of Justice and Police in Nagaland [Third Amendment] Act, 1984,
The matter has received the approval of the State Cabinet and a bill is going to be notified very soon, the AAG added.
However, a Senior Counsel representing the petitioners argued that since the 1984 Amendment Act had already received presidential assent, The State Government could operationalise Chapter IVA through a simple notification in the Official Gazette without further approval from the President.
The court, taking note of Rule 1(3) and its proviso in the Third Amendment Act, 1984, observed that prima facie, Chapter IVA of the Act, 1937, can be brought into effect by issuing and publishing a notification in the Official Gazette, without requiring additional presidential assent.
In light of this, the court directed AAG Imsong to submit written instructions clarifying how the State Government intends to enforce Chapter IVA.
As requested by the AAG, the court scheduled the next hearing for four weeks later to allow time for the State Government to outline its approach.
According to Chapter IV of the the Rules for Administration of Justice and Police in Nagaland (Amendment) Act, 1974, the Nagaland government shall set up three classes of Customary Courts. These courts are meant to handle suits and cases where all parties involved belong to Scheduled Tribes. The Act also outlines the powers and jurisdiction of these courts.
The three classes of Customary Courts are Village Courts, Subordinate District Customary Courts, and District Customary Courts.
The Section 1[3] read: “It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of the Rules contained in this Act.”
“Provided that the State Government may apply the provisions contained in Chapter IVA of the Act or part thereof with such supplemental, incidental or consequential modifications as may be considered necessary and specified in the notifications issued in that behalf and published in the Official Gazette either to the whole or any part of the State of Nagaland at one time,” it stipulated.
