CrPC bill passed empowering admin magistrates

The Jatiya Sangsad yesterday passed a bill relating to continuation of separation of the judiciary, allowing the government discretion to empower executive magistrates to take cognisance of offences.
Law, Justice and Parliamentary Affairs Minister Shafique Ahmed proposed passage of the bill titled, 'Code of Criminal Procedure (amendment) Act, 2009'.
The bill gives legal coverage to judicial activities after expiry of the twin ordinances promulgated during the caretaker government's tenure to separate the judiciary from the executive.
For delegating cognisance power to an executive magistrate, the government will have to specify why and for how long it wants that official to exercise the authority.
This provision was included in the bill ignoring opposition from the Judicial Service Association, and legal experts.
Immediately after the law minister proposed passage of the bill, a number of BNP lawmakers were supposed to propose amendments to the bill.
They were also supposed to propose circulating the bill to elicit public opinion it, and sending it to a select committee for giving it back by April 18.
But they could not place the proposals as the BNP legislators led by Khaleda Zia staged a walkout before the law minister proposed passage of the bill. They walked out protesting inclusion of Bangladesh Jatiya Party lawmaker Andalib Rahman Partha in the parliamentary standing committee on home ministry.
Opposition Chief Whip Zainul Abdin Farroque said the treasury bench included Andalib, rejecting their proposal in this regard.
After the BNP lawmakers' walkout, the bill was passed by voice vote.
It provides that if empowered, an executive magistrate can take cognisance of offences on receipt of a complaint, a report in writing from a police official and information from any person other than a police official, or upon his own knowledge or suspicion that such offences have been committed.
It means they will have the same authority as judicial magistrates to take cognisance of offences in any situation.
The executive magistrates however cannot hold trial of the offenders, and have to send them to court for trial.
The bill, which was placed in parliament on March 2, initially did not have this provision. But the parliamentary standing committee on law ministry in its scrutiny report on March 19 recommended inclusion of such a provision.
In consultation with Prime Minister Sheikh Hasina, the committee made the recommendation following demands from the administrative cadre, who lost judicial authority after separation of the judiciary on November 1, 2007.
The Judicial Service Association and legal experts said the committee's recommendation went against the sprit of separation of the judiciary.
Earlier, the bill was scheduled for passage on March 29. But the law minister refrained from proposing its passage in view of objection from the police administration to a certain provision in it.
The provision allows the government to appoint executive magistrates in metropolitan cities in efforts to prevent law enforcers' extra judicial activities. But the police administration opposed it arguing that they might face difficulties in discharging their duties if executive magistrates are appointed in metropolitan areas.
The House also passed another bill titled Padma Multipurpose Bridge (land requisition) Act 2009 yesterday.