HC questions executive magistrates' empowerment
The High Court yesterday questioned the legality of operation of mobile courts comprising executive magistrates for trial of petty crimes on the spot.
In response to a writ petition, the court asked the government to explain within four weeks why the provisions of the law that empower executive magistrates to exercise judicial powers through mobile courts should not be declared unconstitutional.
Mobile courts, which are constituted under the Mobile Court Act, 2009, are empowered to try a number of petty offences including illegal assembly, public nuisance and illegal connection of electricity, water and gas, and to supervise examination centres.
Under the mobile court law, executive magistrates can instantly punish offenders with up to two years of imprisonment and can also realise fine from them.
If an offender confesses committing an offence but fails to pay the fine instantly, the executive magistrates can hand down another three months' jail term.
Real estate businessman Kamruzzaman Khan, who was convicted by a mobile court, filed the writ petition on October 11 stating that those provisions of the act that empower executive magistrates to exercise judicial powers are against the fundamental structure of the constitution.
On September 14, a mobile court comprised of Rajuk's executive magistrate Shahidul Islam convicted and sentenced Kamruzzaman to 30 days' imprisonment for constructing a building at Mohammadpur in the capital without following Rajuk plan.
Kamruzzaman, now on bail, said in his writ petition that exercise of judicial powers by the executive magistrates also goes against the Supreme Court verdict in Masder Hossain Case, popularly known as separation of the judiciary case.
He prayed to the court to declare his conviction by the mobile court illegal.
An HC bench comprising Justice Mirza Hussain Haider and Justice Md Anwarul Haque also stayed Kamruzzaman's conviction for four months, and asked for the records of the case against him from the district court.
It also asked the government to explain why Kamruzzaman's conviction should not be declared illegal.
Before passing the order, the HC bench heard the opinion of legal expert Mahmudul Islam.
Barrister Hassan MS Azim appeared for the petitioner while Additional Attorney General MK Rahman represented the government.
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