�Spirit of separation of judiciary to be diluted�
Mobile court�s increased powers
The Bangladesh Bar Council vice-chairman, Advocate Khandaker Mahbub Hossain, yesterday (Thursday) urged the government not to increase powers of mobile court, and that the Supreme Court should be the authority to exercise the existing powers to ensure separation of the judiciary from the executive.
If necessary, the power to punish offenders can be given to judicial magistrates under the Supreme Court. Otherwise, the spirit of separating the judiciary from the executive will be hampered, Hossain said at a press conference at the Bar Councils auditorium.
The government recently endorsed an amendment to the Mobile Court Act 2009 that would allow executive magistrates to penalise wrongdoers, even if they do not confess to their crimes.
It will be an injustice if the powers of mobile court are increased. Innocent people may be harassed under political influence following the governments move, Hossain said.
He also said that the present voter-less government is trying to amend the Mobile Court Act further to enhance the powers of the administrative authorities as it is dependent on the executives.
On June 22, the government approved the draft of the Mobile Court (Amendment) Act 2015 to change existing laws for functioning of mobile court.
Cabinet secretary Musharraf Hossain Bhuiyan told the media that the amendment would allow a mobile court to punish offenders based on witness testimonies, even if the accused does not plead guilty. As per the present law, a mobile court can only punish someone who pleads guilty.
According to the draft, the magistrates can hand over the punishment by using Information Communication Technology (ICT) and considering the circumstances. However, magistrates can take the opinion of specialists, if needed.
Bhuiyan said the Mobile Court Act was made in 2009 to guarantee quick decision over anti-adulteration drive, eve-teasing, copying in exams, election fraud and ensuring security for people and their wealth.
Around 5.5 lakh cases have been disposed of under the Mobile Court Act from 2010 to 2014, he added.
