SC asked to check if it conflicts law
Law Adviser Mainul Hosein yesterday requested the Supreme Court (SC) to check whether giving the executive magistrates some judicial power conflicts with the law, sources said.
Mainul specifically wanted to know whether giving the executive magistrates the power to hold summary trials and operate mobile courts for anti-adulteration and eviction drives goes against the existing laws in any way, they added.
He made the request during a meeting with the SC registrar Iktedar Ahmed at his office at the law ministry yesterday afternoon.
The adviser asked the SC registrar to see "whether anything can be done" to meet the executive magistrates' demand, sources said.
Law Secretary Kazi Habibul Awal and other high officials were also present during the meeting.
"We discussed whether there is any obstruction before separation of the judiciary from the executive on November 1 as slated," the SC registrar told The Daily Star last night.
Mainul sought cooperation from all quarters so that the separation can be done smoothly.
During a seminar on Sunday, administrative officials from across the country urged the government to return some judicial power to them so that they can initiate legal proceedings, order investigation into cognisable cases, maintain law and order, run mobile courts and inspect examination halls.
After holding negotiations with Bangladesh Administrative Service Association the following day, the government on Tuesday announced of giving the executive magistrates some judicial power.
However, some legal experts voiced strong opposition to the government decision, saying that giving judicial power to the executive conflicts with the spirit of separation of the judiciary from the executive.
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