DHAKA, June 7, 2017 (BSS) - The High Court (HC) today released the full text of its verdict that had declared mobile courts illegal run by executive magistrates, pronouncing some 14 sections and sub-sections of the act concerned unconstitutional.
The 64-page verdict signed by two presiding judges, Justice Moyeenul Islam Chowdhury and Justice Ashish Ranjan Das, was posted on the apex court website today.
"The mobile courts, if any, must be manned by the judicial magistrates or the metropolitan magistrates, as the case may be. In other words, the mobile courts must be manned by the members of the Bangladesh Judicial Service, which will be perfectly in accord with the constitution and the judgment
passed by the Appellate Division in Masdar Hossain's Case," the HC verdict said.
"... the running of the mobile courts by the executive magistracy under the Ain No. 59 of 2009 not being sanctioned by the constitution is a vicious blow to the rule of law and constitutionalism in the country. In a word, the mobile courts being run by the executive magistracy are coram non judice. Therefore the operation of the mobile courts by the executive magistracy must be knocked down," it added.
On May 11, the High Court passed the order, declaring absolute the rule issued earlier in this regard.
The court came up with the order after holding hearing on writ petitions filed by three people convicted by mobile courts.
But the apex court on May 21, extended stay, which was initially issued by the Appellate Division chamber judge court on May 14, till July 2.
The apex court came up with the order after holding hearing on a leave to appeal petition of the state.
During the hearing, Attorney General Mahbubey Alam pleaded for six weeks time citing different reasons, including Ramadan.
The Supreme Court also ordered the state to file a regular appeal against the High Court order, if the full text of its verdict gets released by this time.
Source: Bangladesh Sangbad Sangstha (BSS)