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Supreme Court of India 2020-02-11 dismissed

THE STATE OF MEGHALAYA vs MELVIN SOHLANGPIAW

Bench: 2 — Mohan M. Shantanagoudar, R. Subhash Reddy

In Brief

A man from the Khasi Scheduled Tribe was arrested for murder (IPC Sections 302, 201) after being found with the deceased victim's SIM card and voluntarily leading police to where he had buried her—the victim also belonged to the same tribe. The case was initially filed in the Sessions Court, but he petitioned for transfer to the District Council Court, arguing exclusive tribal jurisdiction under the Sixth Schedule. The Supreme Court upheld the High Court's transfer order, holding that where both accused and victim belong to the same Scheduled Tribe in an autonomous district, and the Governor has conferred appropriate criminal powers on the District Council Court, it has exclusive jurisdiction regardless of the State's formal role as complainant. The judgment affirmed the special constitutional dispensation for tribal judicial administration.

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Constitutional Law Autonomous Districts Criminal Jurisdiction Tribal Administration Sixth Schedule

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