Chief Justice Surendra Kumar Sinha yesterday said welfare cannot take place in a country if its judiciary is kept cornered.

“Even though you and I will not remain, the judiciary will remain in place, as it is for all. Everybody has responsibility to keep the judiciary in force. If the judiciary of a country is kept cornered, welfare cannot take place there,” he told Attorney General Mahbubey Alam.

The chief justice made the comment while presiding over a six-member bench of the Appellate Division of the Supreme Court during a hearing on the three government petitions challenging the High Court verdict that declared unconstitutional the rules under which the executive magistrates run mobile courts.

The apex court bench, however, extended for two weeks its July 4 order that stayed the HC verdict, clearing the way for the executive magistrates to run the mobile courts for two weeks. It also adjourned the hearing on the petitions for two weeks.

AG Mahbubey Alam met the chief justice at his SC office yesterday afternoon. Talking to The Daily Star, the attorney general refused to disclose what they have discussed.

He, however, said the executive magistrates can run the mobile courts until the SC hears the leave to appeal petitions filed by the government against the verdict.

Delivering a verdict on the three writ petitions on May 11, the HC declared unconstitutional the rules under which executive magistrates run mobile courts. It also observed that empowering them with judicial powers is “a frontal attack on the independence of the judiciary and is violative of the theory of separation of powers”.

On July 2, the government filed three separate leave to appeal petitions with the SC challenging the HC verdict. Lastly on July 4, the SC had extended its chamber judge's stay order on the verdict.

Barrister Hassan MS Azim appeared for the writ petitioners.