Mobile courts run by executive magistrates unconstitutional

Running mobile courts by executive magistrates is unconstitutional and establishing such parallel judiciary is damaging, Humanity Foundation -- a rights organisation -- said in a statement.

“The law allowing executive magistrates to run mobile courts is one kind of military order. The Supreme Court has declared military orders in all situations illegal. So, any attempt to provide judicial powers to deputy commissioners (DC) to take criminal offences in cognisance will be unconstitutional,” the organisation said.  

“Mobile courts are prevalent across the world, but they are not conducted by  executive officials anywhere except Bangladesh. The High Court has scrapped the rules of the Mobile Court Act 2009, under which executive magistrates run mobile courts. The matter is currently pending with the Appellate Division. But the law is continuously going against the 1972 constitution,” it added.

The statement signed by Advocate Muhammad Shafiqur Rahman, chairman of Humanity Foundation, further said it is a matter of concern that the DCs are planning to attain judicial powers to hold summary trial of criminal offences by taking those in cognisance, and they will make recommendations in this regard at the upcoming DC conference.

“We have learnt the logic behind enabling taking offences in cognisance is that executive magistrates, who are BCS administration cadres, operate mobile courts against 104 offences including evicting illegal occupation and controlling narcotics; the offenders who are aware of the limitations of the mobile court don’t confess to their offences and thus can’t be brought to book. As a result, common people are victimised and deprived of instant justice,” the statement said, adding that trial based on confession is not seen anywhere else; it is an artificial limitation.