Wednesday, 7th June , 2017, 03:11 pm,BDST

For mobile court verdict HC releases full text



Lastnewsbd, 7th June, Dhaka: Supreme Court stayed the HC order till 2 July in response to a petition filed by the state. On 11 May, the HC 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, said Barrister Hasan MS Azim. “And it also goes against the verdict on the Masdar Hossain case,” he said. The High Court (HC) on Wednesday released the full text of its verdict declaring the mobile courts conducted by executive magistrates illegal and contradictory to the Constitution. The HC bench of Justice M Moinul Islam Chowdhury and Justice Ashish Ranjan Das released the verdict this morning after they signed it on Tuesday.

On 14 September 2011, a mobile court sentenced Kamruzzaman Khan, chairman of Esthetic Properties Development Ltd, for violating some sections of the Building Construction Act. Later, Kamruzzaman secured bail in the case and filed a writ petition with the HC 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 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 HC issued another rule in this regard and stayed the mobile court verdict. On 2 May 2012, a total of 17 bakery owners of Dinajpur filed the 3rd writ petition challenging some sections of the Mobile Court Act-2009 and seeking an HC order to enact a policy of keeping food experts and necessary food-testing equipment with mobile courts. The HC issued a rule taking cognisance of the writ petition on 8 May. In March 2017, the HC 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 Awami League-led government passed the Mobile Court Act on 4 October 2009.

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