Thousands of people from 19 adjoining districts come to these gatherings and to witness the trial and sentencing that happens in the so-called open court
In the remote Bihar village of Shambhupatti, near Samastipur, a nomadic community organises a Mahapanchayat once a year, where sou moto verdicts are being delivered by a "kangaroo court", outside the confines of the Constitution. Here, the criminals, the judges and the constables, all belong to the same community. Thousands of people from 19 adjoining districts come to these gatherings and to witness the trial and sentencing that happens in the so-called open court.
Consider the case of Madhubani's Vasant Karodi and Rinku Kumar, who were charged and found guilty of murder. Their punishment: Both of their faces were blackened with soot and while Vasant was tied to a pillar under the sun with a vine wrapped around his head, Rinku hair was shaved off. The Panchayat also imposed a penalty of Rs 1.51 lakh on both.
In another case of incest, Birju Karodia was tied to a pillar while Kupani Devi was paraded around the panchayat with a shaved head and a penalty of Rs 4 lakh was imposed on them.
The National President of the Karodi Mahasabha, Kamal Karodi, said, "We respect the law, but people of the community meet here and find solutions at the local level." He claimed that this practice has been carried out since the Mughal period and no case from the community ever went to the police station as it was settled in such panchayat courts.
On being questioned about the constitutionality of these punishments, district Superintendent of Police, Vikas Burman, said, "We were informed about this Mahapanchayat by the media, but no victim has complained to the police so far. The law doesn't allow such dispensation of justice." He assured appropriate action against this practice.
OPINION
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BEYOND ITS TERRITORY There is law wherein some places can have Lok Panchayats decide on issues. But, so far as the criminal law is concerned, it is governed by the IPC and the Code of Criminal Procedure (CrPC). Only the criminal court has jurisdiction to decide criminal cases that are brought by police. To the best of my knowledge, such (kangaroo) courts are invalid and ultravires as per constitution. Such sentences are illegal and they are not authorised to pass orders in such criminal matters. Panchayats, meanwhile, are empowered to only adjudicate on civil disputes. Even Haryana khaps are giving orders that do not have jurisdiction of law and the police should intervene. Justice VM Kanade, former Bombay HC judge
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― Zee Media Newsroom
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