HC questions legality of magistrates running mobile courts
The High Court today questioned the legality of executive magistrates running mobile courts.
A rule was issued asking explanation, in two weeks, as to why the relevant provisions in Mobile Court Act 2009 that empower the magistrates as such would not be declared unconstitutional.
The bench of Justice Obaidul Hassan and Justice SH Md Nurul Huda Jagirdar issued the rule after hearing a writ moved by Pinnacle Sourcing Limited, a food supplement manufacturing company.
Seven government officials including law and home secretaries and the director general of elite force Rapid Action Battalion (Rab) have been made respondents to the rule.
The firm moved the writ alleging a mobile court, run by an executive magistrate, along with Rab men besieged the company’s office on October 27. They fined the company and punished three employees on charges of irregularity.
Pulling reference to a previous case, the petitioner, managing director of Pinnacle Giyasuddin Khan said an executive magistrate has no power to run the mobile court.
Source:
http://www.thedailystar.net/country/hc-questions-legality-magistrates-running-mobile-courts-177811