Executive magistrates to get temporary judicial power

Caving in to some demands of the administrative officials, the government yesterday decided to give the executive magistrates temporary judicial powers in certain cases.
Announcing the decision after an inter-ministerial meeting, Law Adviser Mainul Hosein said rules would be amended later to give it a legal cover.
The admin cadres at a highly charged seminar on Sunday called for the government to defer and review of separation of the judiciary scheduled to take effect from November 1.
The following day Bangladesh Administrative Service Association met the law adviser and placed a set of recommendations. They urged the government to return some magisterial powers to the administrative officials so they can initiate legal proceedings, order investigation into cognisable cases, maintain law and order, run mobile courts during anti-adulteration and eviction drives and inspect examination halls.
"The executive magistrates will continue work like running mobile courts,” the law adviser observed.
An amendment to the rules in the process of separation of the judiciary took away the judicial powers of the executive magistrates.
“We'll have to bring some changes in the rules now to hand the powers back to the admin officials. It requires time. However, there is a provision to give them the powers temporarily and that's what we are doing,” Mainul said referring to some sections of Criminal Procedure Code.
He said his ministry is working on a draft of amendments to give them the power permanently.
He said the government will also make necessary arrangements so that there is no discrepancy between the service experiences required for the admin and judicial cadres to be absorbed in the judicial service.
According to a circular issued on January 16, the administrative cadres must have satisfactory service rendered for 8, 12 and 15 years to be absorbed in the judicial service while the judicial officers need 4, 7 and 10 years.
“The admin officials said this is discrimination and they will join the judicial service only if it is removed. We'll sit to adjust the experience requirements,” Mainul said.
“But it will be done only for once,” he said.
The main grievance of the admin officials is the orders to vacate their offices for the judicial service men, said a number of admin cadres.
"They are happy that the government is considering their demands," said a district admin official seeking anonymity.
The law adviser said since a new building cannot be constructed overnight, there would be some accommodation problems in the judicial magistracy. But the government will soon take steps to ensure the executive magistrates do not face any difficulties.
“If necessary, we will rent houses,” he added.
Asked whether any amendment would be brought before November 1, the date for the separation to take effect, Mainul said: “Separation of the judiciary is a continuous process. After November 1, more changes might need to be made.”
The law adviser noted that now is a favourable time for implementing the separation since the government can easily formulate necessary laws during the state of emergency.
Secretaries of the cabinet, law and parliament affairs, housing and public works, establishment and finance ministries attended the inter-ministerial meeting, said sources.
The association backed off its demand for deferment of the separation after the adviser assured them of taking care of their grievances.