Judicial power of executive magistrates questioned
Monday, 16 November 2009
The High Court (HC) has asked the government Sunday to explain why it will not declare as unlawful and contrary to the constitution the judicial power vested in executive magistrates by amending the Criminal Procedure Code, reports bdnews24.com.
The bench of Justice Syed Rifaat Ahmed and Justice Mainul Islam Chowdhury issued the rule Sunday in response to a writ petition filed by three Supreme Court lawyers.
Asaduzzaman Siddiqi, Sarwar Ahmed Chawdhury and Eklas Uddin Bhuiyan filed the plea on behalf of the Human Rights and Peace for Bangladesh.
The cabinet secretary, president's secretary, law secretary and parliament secretary have been asked to reply to the ruling in the next three weeks.
Manjil Morshed, lawyer for the petitioners, said the judiciary was separated from the administration following a verdict of the Appellate Division. It is unlawful and contrary to the constitution to give judicial powers to executive magistracy.
Executive magistrates were given judicial powers after the amendment of the Criminal Procedure Code on April 8, he added.
Earlier on November 13, Morshed served a legal notice on the four sectaries to withdraw the amendment.
The bench of Justice Syed Rifaat Ahmed and Justice Mainul Islam Chowdhury issued the rule Sunday in response to a writ petition filed by three Supreme Court lawyers.
Asaduzzaman Siddiqi, Sarwar Ahmed Chawdhury and Eklas Uddin Bhuiyan filed the plea on behalf of the Human Rights and Peace for Bangladesh.
The cabinet secretary, president's secretary, law secretary and parliament secretary have been asked to reply to the ruling in the next three weeks.
Manjil Morshed, lawyer for the petitioners, said the judiciary was separated from the administration following a verdict of the Appellate Division. It is unlawful and contrary to the constitution to give judicial powers to executive magistracy.
Executive magistrates were given judicial powers after the amendment of the Criminal Procedure Code on April 8, he added.
Earlier on November 13, Morshed served a legal notice on the four sectaries to withdraw the amendment.