EXECUTIVE MAGISTRATES RUNNING MOBILE COURTS

HC seeks govt explanation

The High Court yesterday asked the government to explain why certain sections of the Mobile Court Act 2009, which empowers executive magistrates to run mobile courts, should not be declared illegal.
In response to a writ petition, an HC bench, comprising Justice Obaidul Hassan and Justice SH Md Nurul Huda Jagirdar, issued the rule.
The HC bench asked the government to explain within two weeks why sections 5, 6 (1,2,4), 7, 8 (1), 9,10, 11, 13 and 15 of the Mobile Court Act 2009 which empower magistrates as such, should not be declared unconstitutional.
Seven government officials, including law and home secretaries, and the Director General of the Rapid Action Battalion (RAB) have been asked to reply to the rule within two weeks.
Giyasuddin Khan, managing director of Pinnacle Sourcing Limited, a food supplement manufacturing company, filed the writ petition before the High Court on November 22, challenging the legality of those sections of the Mobile Court Act 2009, which allow executive magistrates to run mobile courts and fine companies if irregularities are found.
Pinnacle Sourcing Limited filed the writ petition alleging that a mobile court, run by an executive magistrate, along with RAB men, besieged the company’s office on October 27 and fined the company and punished three employees on charges of irregularity.
Referring to a previous case, the petitioner alleged that the executive magistrate has no power to run mobile court.
During the hearing on the petition, advocate SM Rezaul Karim, counsel for the petitioner, told the court that certain provisions of the Act contravenes some articles of the Constitution.
An executive magistrate cannot conduct a mobile court. As per the Constitution, a mobile court will have to be conducted by a judicial magistrate, he added.
Referring to the judiciary separation case, Karim told the court that a mobile court would have to be run by a judicial magistrate. But executive magistrates are conducting mobile courts and punishing people and companies, violating the Constitution, as well as apex court observations.
Advocate Mizanur Rahman assisted Karim, while deputy attorney general Biswajit Roy represented the state during the hearing.

 

EXECUTIVE MAGISTRATES RUNNING MOBILE COURTS

HC seeks govt explanation

The High Court yesterday asked the government to explain why certain sections of the Mobile Court Act 2009, which empowers executive magistrates to run mobile courts, should not be declared illegal. In response to a writ petition, an HC bench, comprising Justice Obaidul Hassan and Justice SH Md Nurul Huda Jagirdar, issued the rule. The HC bench asked the government to explain within two weeks why sections 5, 6 (1,2,4), 7, 8 (1), 9,10, 11, 13 and 15 of the Mobile Court Act 2009 which empower magistrates as such, should not be declared unconstitutional. Seven government officials, including law and home secretaries, and the Director General of the Rapid Action Battalion (RAB) have been asked to reply to the rule within two weeks. Giyasuddin Khan, managing director of Pinnacle Sourcing Limited, a food supplement manufacturing company, filed the writ petition before the High Court on November 22, challenging the legality of those sections of the Mobile Court Act 2009, which allow executive magistrates to run mobile courts and fine companies if irregularities are found. Pinnacle Sourcing Limited filed the writ petition alleging that a mobile court, run by an executive magistrate, along with RAB men, besieged the companys office on October 27 and fined the company and punished three employees on charges of irregularity. Referring to a previous case, the petitioner alleged that the executive magistrate has no power to run mobile court. During the hearing on the petition, advocate SM Rezaul Karim, counsel for the petitioner, told the court that certain provisions of the Act contravenes some articles of the Constitution. An executive magistrate cannot conduct a mobile court. As per the Constitution, a mobile court will have to be conducted by a judicial magistrate, he added. Referring to the judiciary separation case, Karim told the court that a mobile court would have to be run by a judicial magistrate. But executive magistrates are conducting mobile courts and punishing people and companies, violating the Constitution, as well as apex court observations. Advocate Mizanur Rahman assisted Karim, while deputy attorney general Biswajit Roy represented the state during the hearing.