Writ filed against HC order over mobile court

Staff Correspondent: The state has filed a writ petition against a High Court order that declared mobile courts run by executive magistrates as unconstitutional.

Deputy Attorney General Motahar Hossain Sazu filed the petition to the division concern of the Appellate Division of the Supreme Court (SC) on Sunday morning.

Earlier, the bench of Justice Moyeenul Islam Chowdhury and Justice Ashish Ranjan Das declared unconstitutional 11 sections of the Mobile Court Act 2009 regarding empowerment of executive magistrates and the process of running mobile courts, their powers to convict and sentence offenders, district magistrates' powers to run mobile courts, the provision of appeal against mobile court orders and government powers to amend the schedule of the act.

The court also issued rule saying It is hereby declared that sections 5, 6(1), 6(2), 6(4), 7, 8(1), 9, 10, 11, 13 and 15 of the [mobile court] Ain [act] No 59 of 2009 are ultra vires the constitution and violative of two basic structures of the constitution, namely, independence of the judiciary and separation of powers between the three organs of the state, namely, the executive, the legislature and the judiciary.


risingbd/Dhaka/May 14, 2017/Mehedi/A K Azad