High Court declares mobile court operation illegal

High Court declares mobile court operation illegal

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Dhaka – The High Court has declared illegal and unconstitutional the operation of mobile courts carried out by the executive magistrates.However, the HC condoned all the past decisions and sentences delivered by such courts, except those which have already been challenged.
The HC bench comprising Justice Moyeenul Islam Chowdhury and Justice Ashish Ranjan Das came up with the verdict on Thursday, after final hearing on three writ petitions in this regard.
In its verdict, the HC bench observed that the mobile court should not be conducted under the Mobile Court Act-2009, as at least 11 sections of this act has been conflicting with the constitution. These 11 sections of the act also go against the basic structure with regard to independence of the judiciary and decentralisation of powers, the verdict said.
On 14 September 2011, a mobile court sentenced Kamruzzaman Khan, chairman of Esthetic Properties Development Ltd, for violating some sections of the Building Construction Act.
Later, Kamruzzaman secured bail in the case and filed a writ petition with the HC challenging several sections and sub-sections of the Mobile Court Act-2009 on 11 October.
On 19 October of the year, the HC issued a rule asking the authorities concerned to explain why sections 5, 6 (1), 6 (2), 6 (4), 7, 8 (1), 9, 10, 11, 13 and 15 should not be declared illegal and contradictory to the Constitution.
In December of that year, Mujibur Rahman, a house owner in the capital, filed another writ petition as a mobile court fined him Tk 10 lakh, in default, to server 30 days in jail for violating the Building Construction Act.
Following the writ petition, the HC issued another rule in this regard and stayed the mobile court verdict.
On 2 May 2012, some 17 bakery owners of Dinajpur filed the 3rd writ petition challenging some sections of the Mobile Court Act-2009 and seeking an HC order to enact a policy of keeping food experts and necessary food testing equipment with the mobile court.
In its verdict, the HC bench on Thursday directed the government to refund Tk 10 lakh to M Mujibur Rahman. – Staff Reporter

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