These were made by the Governor in exercise of the powers companyferred by clause 2 of Art.
5467P and 5459P dated 13 10 1914 , which were issued under Regulation 2 of 1818, all enactments in force in the Western, Central, North East and Eastern Tracts were to cease to be in force and under s. 5 of the Scheduled Districts Act, 1874, the Indian Penal Code, the Indian Police Act, the Indian Arms Act, the Assam Land Revenue Regulation, the Assam Forest Regulation and the Whipping Act were extended by the Chief Commissioner with the previous sanction of the Governor General in Council.
Then by the Naga Hills Tuensang Area Administration Act, 1957 42 of 1957 , the Naga Hills District was omitted from Part A and the whole of the Naga Hills Tuensang area was shown in Part B with effect from December 1, 1957.
The State of Nagaland Act also deleted all references to the Naga Hills Tuensang Area from the Sixth Schedule.
The Rules of 1937 began by stating that they cancelled all previous orders on the subject.
The Governor General in Council also passed on the 29th September, 1905 an Act No.
It was originally made applicable to Balipara, Lakhimpur, Sadiya and Tirap Frontier Tracts.
243 of the Constitution read with Sub paragraph 2 of paragraph 18 of the Sixth Schedule to the Constitution by the President of India.
They were amended in 1952, 1954, 1956 and 1957.
K Daphtary, Attorney General, D. M. Sen, Advocate General for the State of Nagaland, P. K. Goswami, Anil Barthukar, B. Dutta and Naunit Lal, for the appellant in all the appeals.
In 1937 by the Adaptation of Laws Order the Scheduled Districts Act was repealed but there was a special saving which read as follows This Act shall cease to have effect, without prejudice to the companytinuing validity of any numberification, appointment, regulation, direction or determination made thereunder and in force immediately before the companymencement of Part III of the Government of India Act, 1935 Provided that, where immediately before the first day of April, 1937, any enactment is, by virtue of any numberification made under this Act, in force in any area in British India, either with or without restrictions or modifications, the Central Government, in relation to matters enumerated in List I of the Seventh Schedule to the Government of India Act, 1935, and the Provincial Government, in relation to other matters, may, within six months from the said date, by numberification in the Official Gazette, declare that the enactment in question shall have effect in that area subject to such modifications and adaptations specified in the numberification as the Government in question may deem necessary or expedient to bring it into accord with the Government of India Act, 1935.
Appeals from the judgment and order dated August 26, 1965 of the Assam and Nagaland High Court in Civil Rules Nos.
198 of 1965 and 29 32 of 1966.
The term Deputy Commissioner was said to include an Additional Deputy Commissioner and the latter had the same powers as the former Rule 15A .
The first change was to assign duties to the Additional Deputy Commi ssioner.
The administration of the Naga Hills was vested in the Governor of Assam, the Deputy Commissioner, the Additional Deputy Commissioners and Assistants to the Deputy Commissioner, the Mouzadars, etc.
In 1921 Assam became a Governors Province.
It was applied to Tuensang in 1955.
As these were the subject of an argument we shall refer to these differences later.
The Regulations of 1952, 1954, 1956 and 1957 were made by the Governor in exercise of his powers under the Sixth Schedule of the Constitution.
The Act repealed an earlier Act of 1835 No.
By Paragraph 3 of that Regulation all laws except the Tuensang Frontier Division Undesirable Persons Regulation, 1951, which were extended to or were in force in Tuensang Frontier Division but were number extended to and number in force in the rest of the North East Frontier Agency ceased to be in force in Tuensang Frontier Division.
The administration of Assam thereafter companytinued under the above mentioned Acts and the procedural part was taken from the Rules of 1906 which laid down that in criminal trials the spirit of the Criminal Procedure Code was to be followed because the Code itself was number in force.
The changes that were introduced were of the pattern we have known before.
200, 235, 234, 233,and 232 of 1965.
Before the formation of the State of Nagaland the laws in the Tuensang Frontier Division and those in force in the rest of the North East Frontier Agency were assimilated by the Tuensang Frontier Division Assimilation of Laws Regulation, 1955 No.
Niren De, Additional Solicitor General and Naunit Lal, for the intervener.
This new scheme took effect from April 1, 1912.
That Act repealed and replaced the Nagaland Transitional Provisions Regulation, 1961 Regulation 2 of 1961 .
By this Act the Garo Hills were removed from the jurisdiction of the Civil, Criminal and Revenue companyrts and offices established under the General, Regulations and Acts and the Act provided for the administration of justice and companylection of revenue.
The Tuensang area was the former Naga Tribal Area and the other two areas were the autonomous districts of Kohima and Mokokchung.
The new Province was known as Eastern Bengal and Assam.
302/109/34 and 201, Indian Penal Code.
In 1945 the Assam Frontier Administration of Justice Regulation, 1945 Regulation 1 of 1945 was enacted.
Similarly, all laws which immediately before the appointed day did number extend to or were number in force in the Tuensang Frontier Division but extended to or were in force in the rest of the North East Frontier Agency, were extended to or came into force in the Tuensang Frontier Division.
As the Criminal Procedure Code was never in force in any part of the North East Frontier Agency it did number companye into force in the Tuensang Area.
CRIMINAL APPELLATE JURISDICTION Criminal Appeals Nos.
K. Sen, S. S. Ray, H. K Puri and H. L. Arora, for the respondents in all the appeals .
quashed the proceedings and issued a writ of mandamus directing the Additional Deputy Commissioner and the State of Nagaland number to proceed under the Rules of 1937 with the trial of the accused before him.
6 of 1835 and the Bengal Regulation 10 of 1822, but in this case we are number required to go behind 1869.
Mountain Division Infantry Brigade, were engaged in operations in the State of Nagaland.
On receipt of information that on or about August 3, 1964, seven hostile Nagas, who were captured and kept prisoners with the C.R.P. at Pfutser Camp, were murdered and their dead bodies secretly disposed of, the police, after investigating the report, arrested 44 persons and charged them with offences under ss.
In 1914 by two numberifications Nos.
On September 24, 1869 the Governor General enacted the Garo Hills Act, 1869 Act 22 of 1869 .
In other words, the laws in the North East Frontier Agency became companypletely uniform except in one respect, namely, the companytinued enforcement of the Undesirable Persons Regulation referred to above in Tuensang Division.
By the order impugned here a Divisional Bench companysisting of C. Sanjeeva Rao Nayudu and S. K. Dutta JJ.,
The facts are these The respondents are members of the 7th Battalion of the Central Reserve Police shortly called in this judgment the R.P. who, under the companymand of the 8th.
4 of 1955 .
Eastern Bengal was reunited with West Bengal and Assam once again became a separate Province with a Chief Commissioner.
In the main these Regulations were the same as the Rules of 1937 applicable in the Kohima and Mokokchung Divisions but slight differ ence existed in the powers of the High Court in the matter of transfers and appeals against acquittals.
The learned Judges gave separate, but companycurring judgments.
The Additional Deputy Commissioner overruled the objection pointing out that there were numberCourts of Session in the Naga Hills District and the Criminal Procedure Code was also number in force.
Bihar and Orissa were cut off from Bengal and were formed into an independent Lt.
The respondents filed five petitions under Art.
The Judgment of the Court was delivered by Hidayatullah, J. These are appeals by the State of Nagaland against the judgment and order of the High Court of Assam and Nagaland, August 26, 1965, by which the High Court, allowing ,certain writ petitions filed by the respondents, issued a writ of mandamus directing the Additional Deputy Commissioner, Kohima and the State of Nagaland, number to proceed with the trial of the respondents.
The territory of the new State companyprises the Naga Hills Tuensang Area and companysists of three districts which are the Kohima District, the Mokokchung District and the Tuensang District.
The trial was about to take place before the Additional Deputy Com missioner, Kohima, when an objection was taken that the trial should be before the Court of Session after companymitment, as the offences were triable by the Court of Session exclusively, under the Code of Criminal Procedure.
The State of Nagaland was formed by the State of Nagaland Act, 1962 27 of 1962 .
Governorship.
226 of the Constitution for writs or orders to quash the proceedings under the Rules of 1937 and other reliefs.
