Mobile court to punish any offender sans confession

A mobile court headed by an executive magistrate can now punish offenders even if they don't admit to having committed such offences, according to a new legal provision.  
The cabinet approved Monday the draft 'Mobile Court (Amendment) Act 2015' that stipulates this provision of meting out punishments on circumstantial evidence.
Prime Minister Sheikh Hasina presided over the meeting in the cabinet room of Bangladesh Jatiya Sangsad (Parliament).
"The draft will now go to the Ministry of Law for vetting. Thereafter, the authorities will be able to apply it (law)," said Cabinet Secretary Muhammad Musharraf Hossain Bhuiyan in a briefing to journalists about the meeting proceedings.  
He said under the Mobile Court (Amendment) Act 2015, an executive magistrate leading such a court could give punishment or fine an offender based on surroundings evidence and statement of witnesses.
The amendment incorporates three new elements.
Under one, mobile courts are empowered to punish offenders based on witness testimonies-even if the accused do not plead guilty.
Under the present law, the official said, a mobile court could only punish someone who pleads guilty.
"It will enable courts to take a call after considering the facts and witnesses," he told the newspersons.
The second addition is bringing information and communication technology issues under the purview of mobile courts.
Use of electronic signature and biometrics is allowed in mobile-court operation against wrongdoers.   
He said the law will also allow executive magistrates to take expert opinions for mobile-court proceedings.
"The amended law will help make the work of mobile court more dynamic and effective," the cabinet secretary said
The law was enacted in 2009, under which adulterated foods, eve teasing, conduct of public exams and speedy disposal of trials are regulated.
Between 2010 and 2014, mobile courts had disposed of 0.55 million (5.5 lakh) cases and it could punish offenders under 93 laws of the act, the cabinet secretary said.
Replying to a query, Mr Musharraf ruled out any confrontation between the executive and judicial magistrates following this amendment.
"Executive magistrate can only conduct trial on the issues that happen in front of them, while the judicial magistrate can conduct trial based on witness confession," he said.
The council of ministers also approved the draft Bangladesh Industrial Units Nationalisation Act 2015 and Jute Act 2015.
talhabinhabib@yahoo.com