It goes against spirit of judiciary separation
Some legal experts yesterday said the government decision to give the executive magistrates some judicial power conflicts with the spirit of separation of the judiciary from the executive.
“It's not complete separation because the administrative officials, if given the power to hold summary trials or operate mobile courts, are becoming a party to the judicial power,” said Justice Naimuddin.
Once the government concedes the power to them, they will demand more power in coming days, he apprehends.
“The government cannot move away form the principle of separation of the judiciary. It's conflicting with the main spirit of the separation; it's not complete separation,” he said.
Barrister Amir-Ul Islam, the main counsel for the judiciary separation case, notes that it is not possible to give the executive magistrates any judicial power under the present dispensation.
“If the government wants to do so, such an act will amount to violation of the decision of the highest court and the constitution. I don't think the government will be advised to do that,” he told The Daily Star over phone last night.
He believes the government does not need to amend the law to meet the demands of the administrative officials.
“I don't find any difficulties for the executive magistrates to continue exercising their executive functions which at times involve quasi-judicial matters such as holding a mobile court or disconnecting illegal utility connection or demolishing illegal constructions, removing any nuisance, tackling law and order, giving police instruction or making any campaign against adulterated food or exercising any other power given under any laws for executing particular policies.”
This power has not been impeded by the separation, he said, adding: “All that the separation means under the constitution is that the executive magistrates will not exercise any judicial function which is exclusively vested in the judiciary.”
There is no need for any amendment of any law, some administrative order can clarify this position, he observes.