Friday, 21 October 2011

HC questions legality of the mobile courts

Dhaka: The Court on Wednesday issued a rule, the questions of the Government four weeks to explain why mobile courts under the direction of executive judge should be declared not illegal.

Mobile court which has is to judge by the Executive was governed by the mobile Court Act 2009.

There was also a rule to the Government explaining why in the Abschnitten--5, 6 (1, 2, 4), 7, 8 (1), 9, 10, 11, 13 and 15 of the law court mobile 2009 not illegally should be explained.

The HC bench, comprising justice Mirza Hossain Haider and justice Anwarul Haque passed the order.

Kamruzzaman Khan, Chairman of the Board of the aesthetic property development Ltd, saved the writ petition on 11 October the validity of the sections of the law-5, 6 (1, 2, 4), 7, 8 (1), 9, 10, 11, 13 and 15. The Act contains 17 sections.

Section 5 of the law authorized the district to keep mobile court executive judge and magistrate. In accordance with section 6 of the law, the judge can try only one person if blame the offences according to the schedule of the Act, and if the magistrate begins on him and he confesses his crimes. Section 6 (3), (4) and (5) if the offence are not included in the laws in the schedule, or if it is more serious in nature, then would be the matter to the formal court and the mobile court extinguished the power to try the offence.

In accordance with section 7 number 1, to knowledge will take the judge part of the accused confess written accusation against the perpetrators and questions whether he pleads guilty and rejects, the magistrate calls for explanation. If this statement appears to be satisfactory the magistrate discharge him, otherwise the magistrate send the accused for formal study in ordinary courts.

The judge can punish by imprisonment or fine, or both, if the suspect confesses. Otherwise, not he can any natural person who punish according to this law.

Section 8 paragraph 1 of the Act provides a constraint that the mobile court may impose imprisonment not exceeding two years.

According to the provision of section 13 a disadvantaged person can tell rather appeals magistrate against the decision an executive magistrate and meetings at the district against the decision of the district judge a system should check it makes detecting arbitrary use.

It is the plenary (article 65 of the Constitution of Bangladesh) legislative power of the Parliament of Bangladesh, the force of the law enacted it, and this law is be followed, as long as it remains valid. This right can invalidate either by Parliament or by the High Court Division of the Supreme Court on the ground of unconstitutionality.

The applicant explains in the script, that executive judge is empowered to conduct, the Court is unconstitutional and directly with the milestone ruling of the case of Masdar Hossain conflicts (State Secretary, Ministry of finance vs MD Masdar Hossain, 20 (2002) BLD, AD) the restoration of Justice hegemony over the Executive branch of the State in legal proceedings.

The claimant requested HC directive issue in General to the Government, why the sections should be declared not illegal.

A mobile court sentenced earlier September 14 of the applicant for 30 days under section 8 (1) the 1952 Act building construction.

The HC-Bank remained also the sentence and conviction of the applicant for four months.

Source: theindependentbd.com

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