U. Shan Manik And Ors. vs Ka Brie Nongrum And Anr. on 11 May, 1970
(2) For the purposes of this rule the existing Courts mean the Courts of the Deputy Commissioner and his Assistant." Since under Rule 21 the Subordinate District Council Court is not competent to try an offence under Section 147, Indian Penal Code, the jurisdiction of the Assistant to the Deputy Commissioner to try these offences is saved by Rule 22. That is the short answer to the submissions made by the learned Counsel. But says Mr. Guha that the Judge, District Council Court, has simple powers to try offences of this kind and the notification of the Governor set above clearly gives him jurisdiction to try the offences of this description between the members of the Scheduled tribes. As pointed out earlier, the Judge, District Council Court has been given powers under the relevant paragraph of the Sixth Schedule to try certain offences mentioned therein. That notification does not relate to the jurisdiction to try offences of, the description which arises for consideration in this case. That notification cannot be called in aid for the purpose of empowering the Judge, District Council Court, to try an offence originally under Section 147, Indian Penal Code. We are, therefore, satisfied that the learned Assistant to the Deputy Commissioner is competent to proceed with the trial of the case in his Court. The decision which was arrived at by a Division Bench of this Court in AIR 1965 Assam and Nagaland 51 (supra), with all respect, is correct although we .find an additional reason for coming to the same conclusion reached in that case.