Judicial Court in the Chakma Autonomous District Council (CADC) was constituted in the year 1972 under the provisions of ‘Pawi-Lakher Autonomous Region (Administrative of Justice) Rules, 1954. Shri Nitya Ranjan Talukdar, was the first Judicial Officer in the Chakma Autonomous District Council Court. The Chakma Autonomous District Council Administration of Justice Rules and Chakma Customary Laws were drafted by Shri Birendra Lal Dewan, the first Court President and Recorder of the Chakma Autonomous District Council Court. These bills were placed in the Chakma Autonomous District Council Legislative Session House and were unanimously passed. Thereafter, these were sent to the Law and Judicial Department, Govt of Mizoram, for Gazette Notification.
The Judiciary in the Chakma Autonomous District Council is a three tier institution viz. (a) the Village Council Courts, the lowest court, (b) the Subordinate District Council Courts, the intermediate court and (c) the District Council Court (appellate court).
The Village Council Courts and the Subordinate District Council Courts hear and try original cases under their respective jurisdiction. Whereas the District Council Court deals only with the appeal cases against the judgements passed by the lower courts i.e., the Village Council Courts and the Subordinate District Council Courts.
Village Council Courts: The number of members of a Village Council Court should not be less than 3 (three) and not more than 11 (eleven). A Village Council Court tries the cases of civil and petty natures. It also tries the cases falling under Miscellaneous Tribal Laws and Customs including the Criminal offences falling within the purview of the Customary and Tribal Laws.
The following section of the Indian Penal Code (IPC) have been delegated to the Village Council Courts:
- Section 160 IPC: Affray.
- Section 290 IPC: Public Nuisance.
- Section 352 IPC: Assault.
- Section 339 IPC: Wrongful restraint of any person.
- Section 379 IPC: Theft from outside dwelling house.
- Section 426 IPC: Mischief.
- Section 447 IPC: Criminal trespass.
- Section 323 IPC: Voluntarily causing hurt.
- Section 510 IPC: Appearance in a state of intoxication in any public place.
Subordinate District Council Court: It hears the appeals on the decisions or orders of a Village Courts. The Appeal must be made within sixty days from the date of issue of order or decision. The Subordinate District Council Court also has the original jurisdiction in the cases mentioned under Village Council Courts when both the parties do not reside within the jurisdiction of the same Village Council. Appeal against the decision or order of a Subordinate District Council Court is referred within sixty days from the date of issue of an order or decision. The power of revision of a decision or order of a Subordinate District Court lies with the District Council Court.
District Council Court: It is the Court of Appeal in respect of all suits and cases tried by the lower courts of the District Council. The District Council Court may order for the records of any proceedings of lower courts. It may also order for examination of records. It may reduce, enhance or cancel any sentence passed by the lower courts and remand cases for retrial.
An appeal against the order or sentence passed by the District Council Court lies with the Guwahati High Court, within ninety days from the date on which such an order or decision was passed. A revision is also possible in the above mentioned High Court.
The following Sections of the Indian Penal Code (IPC) have been delegated to the Subordinate District Council Court and the District Council Court:- 129,133.135 to 138, 140 to 145, 152, 153(A5), 153(B5), 154 to 159, 161 to 171 (in respect of public servant removable by District Council Court), 171D to 1711, 172 to 190 (so far as consent relates and authority set up by District Council), 193 (part), 201 (part), 214 (part), 215, 216 (part), 217, 218, 221 (part), 222 (part), 223, 225, 225 (part), 225A, 225D, 229, 233, 235, 237, 241, 242, 246, 248, 252, 254, 261, 263 to 267, 269 to 280, 282 to 289, 291 to 298, 304A, 306(part), 309, 312(part), 318, 324, 332, 334 to/338, 385, 403, 404(part), 406, 411, 414 to 419, 421 to 425, 427, 428, 434, 448, 451(part) 453, 454(part), 456, 461, 462, 465, 468(part), 482 to 489E, 491, 498, 500 to 502, 504, 505(part), 508 and 509.
The Court President and Recorder of the District Council Court is vested with the powers of a magistrate of the first class.