Mobile courts now can operate till Dec 6

The executive magistrates can run mobile courts till December 6 as the Supreme Court today once again extended its stay order on the High Court verdict that declared unconstitutional the rules under which they are operating such courts.

A four-member bench of the Appellate Division headed by acting Chief Justice Md Abdul Wahhab Miah passed the order following three separate leave to appeal petitions filed by the government challenging the HC verdict.

The apex court also adjourned hearing on the petitions till December 6.

Attorney General Mahbubey Alam who moved the leave to appeal petitions said that there is no legal bar for the executive magistrates to conduct mobile courts till Dec 6 following the SC order.

He also sought extension of the SC stay order and adjournment of hearing on the leave to appeal petition for six weeks in order to take preparation for placing arguments before the Appellate Division.

Earlier on May 11, the HC declared unconstitutional the rule under which executive magistrates can run mobile courts.

Delivering a verdict on three writ petitions, 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”.

Source: thedailystar