Mobile court can run for now

The executive magistrate can run mobile court until the Supreme Court hears the three leave to appeal petitions filed against the High Court verdict that declared unconstitutional the rules under which the executive magistrate run the mobile court operation.

 

The apex court said its stay order on the High Court verdict will continue until the hearing of the leave to appeal petitions.

A five-member bench of the Appellate Division headed by acting chief justice Md Abdul Wahhab Miah came up with the order today.

The court also adjourned the hearing till January 16 as Barrister Amirul Islam, a lawyer for the government, was not present in the court room as he is now abroad.

Following three separate writ petitions, the High Court on May 11 last year declared unconstitutional the rules under which the executive magistrate run the mobile courts.

The HC also observed that empowering executive magistrates with judicial powers is “a frontal attack on the independence of the judiciary and is violative of the theory of separation of powers”.

Later, the government filed separate leave to appeal petitions with the SC challenging the HC verdict.

Following the leave to appeal petitions, the SC stayed the HC verdict allowing the executive magistrates to run the mobile court for the time being.

The apex court then extended the stay orders several times.