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Stay on HC order against mobile court extended till July 2

DHAKA, May 21, 2017 (BSS) - The Appellate Division of the Supreme Court (SC) today extended stay till July 2 on the High Court order that declared mobile courts run by executive magistrates illegal.

"The apex court adjourned hearing on the matter till July 2, extending the stay on the High Court order till that date," a court official said.

Earlier on May 14, the chamber judge court of the Appellate Division stayed the High Court order till today, sending the matter to Appellate Division's regular bench for further hearing.

The apex court today 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 upcoming Ramadan.

Allowing the state plea, the Appellate Division full bench headed by Chief Justice Surendra Kumar Sinha adjourned the hearing till July 2.

The apex 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.

On May 11, the High Court passed the initial order, pronouncing some 14 sections and sub-sections of the concerned act unconstitutional.

A High Court division bench comprising Justice Moyeenul Islam Chowdhury and Justice Ashish Ranjan Das 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 who were earlier convicted by mobile courts.

"The court ordered to cancel their sentences and refund Taka 10 lakh realised from one of them as fine within 90-day of receiving the copy of this judgment," Barrister Hassan MS Azim, counsel for the petitioners, told the newsmen on that day.

"From now on, the government cannot run mobile courts by executive magistrates. The government has to amend the law or formulate a new law if it wants to run mobile courts," he added.

Source: Bangladesh Sangbad Sangstha (BSS)