Gauhati High Court Grants Six Weeks Time To Nagaland Govt For Constitution Of Customary Courts

The Gauhati High Court at Kohima recently granted six weeks to the Nagaland Government to constitute of the Customary Courts and the Subordinate District Customary Courts as per the Rules for Administration of Justice and Police in Nagaland (Fifth Amendment) Act, 2025.The division bench comprising Justice Kakheto Sema and Justice Mitali Thakuria was hearing a revision petition against an order of the Principal District and Sessions Judge, Dimapur by which it dismissed an appeal holding that it has no jurisdiction to entertain the appeal against the decision passed by the village authority under the Rules. The facts of the case are that the respondent No. 4 submitted a complaint before the Village Council, Sovima (respondent No.5) requesting for settlement of a contract agreement based on purported agreement dated March 13, 2017. In the said agreement, the petitioner as well as the respondent No.4 are the beneficiaries. It was alleged that the petitioner is executing the contract work in terms of the purported agreement and that the contractor has to pay the contractor commission. The respondent No.5 vide judgment dated May 11, 2019 decided that the petitioner shall pay to respondent No.5 and party a contract commission of Rs. 48,82,320/- within a period three months failing which he shall have to mortgage his immovable property double the value.Aggrieved by said judgment, the petitioner approached the Principal District and Sessions Judge, Dimapur by filing first appeal under Rule 31 of the Rules for the Administration of Justice in Police, 1937 read with Section 96 and Order XLI Rule 1 of CPC.However, the Principal District and Sessions Judge, Dimapur dismissed the said appeal holding that it has no jurisdiction to entertain the appeal against the decision passed by the village authority under the Rules. Hence, the petitioner filed the present revision petition before the High Court. The High Court vide order dated November 18, 2020 noted:“I have considered the submissions made by the parties and deemed it fit to issue notice to the respondents to settle the often raised questions with respect to jurisdiction between the customary court and the civil court in the State of Nagaland in terms of the Rules for the Administration of Justice in Police, 1937 and the normal courts in the State of Nagaland. In that view of the matter, judicial decision is required to be pronounced along with other similarly situated cases where confusion exists in our system.”During the hearing on May 21, 2025, the Additional Advocate General placed the copy of the Rules for Administration of Justice and Police in Nagaland (Fifth Amendment) Act, 2025 and submitted that in view of the amendment made to the Rules for Administration of Justice and Police in Nagaland, the proper constitution of the Customary Courts and the Subordinate District Customary Courts may require some time and accordingly seeks for six weeks time to carry out the necessary exercise for constituting the Customary Courts as well as the Subordinate District Customary Courts.The Court granted the said time of six weeks to the State. “An endeavour shall be made to hear and dispose the case on the next returnable date,” the Court said.The matter is listed again on June 25. Case Title: Kevizathi Sesa v. The State of Nagaland & 4 Ors. Case No.: C. Revn/5/2020Click Here To Read/Download Order

Gauhati High Court Grants Six Weeks Time To Nagaland Govt For Constitution Of Customary Courts

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