Exec magistrates have to be more careful: HC

The High Court yesterday observed that the executive magistrates, who conduct mobile courts, must be careful about exercising the relevant laws and they need to be trained properly for this purpose.

The magistrates cannot conduct mobile court at their offices for holding trial of any offence, the HC said, adding that the magistrates must run the mobile court on the spot for holding trial of any offence.

The HC bench of Justice M Enayetur Rahim and Justice Md Mostafizur Rahman came up with the observation while hearing a petition filed by Supreme Court lawyer Mohammad Shishir Manir.

Manir filed the petition challenging the legality of a mobile court run by Sultana Razia, executive magistrate of Atpara upazila in Netrakona.

The mobile court sentenced two minors to one month's imprisonment for getting married before the legal age.

Razia has offered an unconstitutional apology to the HC for conducting mobile court at her office and sentencing the two minors.

The HC asked the additional district magistrate of Netrakona to dispose of the issue of Razia's offering apology as she has submitted an explanation about her conduct to the additional district magistrate.

The court disposed of the petition submitted by lawyer Shishir Manir challenging the legality of Razia's action.

Earlier, on August 5, the HC bench asked the authorities to submit a copy of the explanation from Razia about her action to this court.

On August 1, Razia, who is also an assistant commissioner (land), conducted a mobile court and sentenced two 15-year-olds to one month's imprisonment for getting married, according to a report published in the daily Prothom Alo on Wednesday.

The executive magistrate conducted the mobile court at her office and ordered police to send the detained minors to the Child Development Centre in Gazipur, according to the newspaper report.

The HC bench included the letter as a writ petition in its hearing list on August 5. During the proceedings on August 5, SM Rezaul Karim, of Bangladesh Legal Aid and Services Trust, took part in the hearing and told the HC that the executive magistrate's action to sentence any child is illegal and departmental action needs to be taken against Razia.