ATENJENBA Vs. STATE OF NAGALAND

JUDGEMENT

(1.) In this application under Art.226/227 of the Constitution seeking a writ in the nature of certiorari/quo warranto or any other suitable writ, the petitioner impugns a decision of the Political Assistant to Deputy Commissioner and Dobhasis Customary Court (for short D. B. Court), Mokakchung in case No. 329/76 (Khensa villagers case) dt. 23rd April/76.

(2.) Two villagers of Khensa, namely, Tekayangdang Bara and Imnasucha G. B. submitted a complaint to the D. B. Court D. C.'s office at Mokakchung stating that during the visit of Chungtia elders to their village for discussion of public interest Khensa elders purchased a cow for entertainment for which the seven persons, namely, Atenjenba Chunjangrepa, Merentosni, Tsukjummeren, Senwatiba, Akangsangba and Mapukaba refused to contribute the subscription and so they prayed that the D. B. Court should decide the dispute. The D. B. Court summoned the said seven persons to explain the complaint. On 23rd April, 1976 the D. B. Court attended by eleven members, gave decision to the following effect:

(3.) The State of Nagaland has resisted the petition filing an affidavit-in-opposition stating that D. B. Court had always been administering justice in Nagaland In para 12 of the affidavit-in-opposition it has been stated that "the D. B. Courts have been in existence since a long time and have been exercising powers of the tribal customary Court ever since without any interruption. Although no rules have been made in this regard, these Courts have not been barred from exercising their powers and functions by any law in force. These Courts are in the nature of customary tribal Courts which by itself have the customary sanction and are in existence from ancient times". It has been further stated that the Dobhasis are men of position versed in customary laws in force in Nagaland and the people of Nagaland find the system of D. B. Courts convenient and suitable for them.