SC extends stay on HC order against mobile courts

SC extends stay on HC order against mobile courts

0

Dhaka – The Appellate Division of the Supreme Court on Sunday extended the stay on the High Court order that declared magistrate run mobile court illegal and contradictory to the constitution till July 2.A seven-member bench headed by Chief Justice Surendra Kumar Sinha passed the order on Sunday morning. With this order the executive magistrates conducted mobile courts will operate till 2 July.
On May 14, the Appellate Division stayed the High Court order till May 18 hearing on a petition seeking stay on the High Court order. Deputy Attorney General Motahar Hossain Saju filed the petition.
Earlier, on May 11, a two-member High Court bench comprising Justice M Moinul Islam Chowdhury and Justice Ashish Ranjan Das declared mobile courts illegal and contradictory to the constitution.
The court declared Section 5, which empowers an Executive Magistrate to conduct mobile court, and Sections 6 (1), 6 (2), 6 (4), 7, 8 (1), 9, 10, 11, 13 and 15 of the Mobile Court Act-2009 illegal and contradictory to the constitution and independence and supremacy of the judiciary.
‘And it also goes against the verdict on the Masdar Hossain case,’ Barrister Hassan MS Azim, counsel of the petitioners said.
On September 14, 2011, a mobile court sentenced Kamruzzaman Khan, Chairman of Esthetic Properties Development Limited, for violating some sections of the Building Construction Act.
Later, Kamruzzaman secured bail in the case and filed a writ petition with the High Court challenging the legality of several sections and sub-sections of the Mobile Court Act-2009 on 11 October.
On 19 October in the same year, the HC issued a rule asking the authorities concerned to explain as to 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 serve 30 days in jail for violating the Building Construction Act.
Following the writ petition, the High Court issued another rule in this connection and stayed the mobile court verdict. On May 2, 2012, a total of 17 bakery owners of Dinajpur filed the 3rd writ petition challenging some sections of the Mobile Court Act 2009 and a High Court order to enact a policy of keeping food experts and necessary food-testing equipment with mobile courts.
The High Court issued a rule taking into cognizance the writ petition on May 8, 2017. Earlier In March, this year, the High Court heard the three rules and kept the order pending.
The mobile court ordinance was promulgated in 2007 during the army-backed caretaker government. Later, the Mobile Court Act 2009 was passed on October 4, 2009. – Special Correspondent

Share.

Comments are closed.