Why executive magistrates enjoy judicial power, HC asks govt

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The High Court on Wednesday issued rule upon the government to explain why the impugned provision under the Mobile Court Act 2009 empowering the executive magistrates to exercise judicial function for the spot trial of petty offences should not be declared ultra vires to the constitution, reports UNB. The petty offences defined under the Bangladesh Penal Code include illegal eviction, dispersing illegal assembly to maintain law and order, prevention of public nuisance, disconnecting illegal electricity, water and gas lines and supervising examination centres etc. Under the provision, the executive magistrates will be able to realise fine from offenders. If any offender confesses to committing an offence but fails to pay the fine, the executive magistrates may hand down jail terms. The HC also issued rule upon the government to explain why the September 14 judgment by the executive magistrate sentencing a realtor to one month jail should not be declared to have been made without lawful authority. The HC orders came following a writ petition filed by a convicted realtor challenging the constitutional validity of the impugned legal provision empowering the executive magistrates to judicial function under the mobile court as it violates the principles of independence of the judiciary. Passing the orders, the HC division bench comprising Justice Mirza Hossain Haider and Justice Anwarul Haque also stayed for four months the September 14 judgment passed by the executive magistrate sentencing a realtor to one month jail for violating the Building Code. Barrister Hassan MS Azim appeared for petitioner Kamruzzaman Khan, chairman and managing director of Aesthetic Property Development Ltd, now on bail, while Additional Attorney General MK Rahman stood for the government.