Mobile court: Govt allowed to move leave to appeal petitions

Executive magistrates can conduct mobile courts as the Supreme Court today extended its stay order on a High Court verdict until it disposes of the three leave to appeal petitions filed by the government.

The appeals were lodged against a HC verdict that last year declared unconstitutional the rules under which the executive magistrates conduct mobile courts.

The SC today allowed the government to move the three appeals before it and fixed February 13 for hearing the appeals.

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

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

The Appellate Division today asked the government to submit the concise statement of the appeals in next three weeks.

The writ petitioners have also been asked to submit their concise statements of the appeals in a week after the government submits their concise statements.

A concise statement contains the point on which the counsels place their arguments before the court.

The writ petitioners’ counsel Barrister Hassan MH Azim said that executive magistrates can run mobile courts till disposal of the appeals by the apex court following its today’s order. 

The apex court on January 9 said its stay order on the HC verdict would remain valid until the three government petitions are disposed of.

After the HC verdict, the government challenged the judgement.

The SC then stayed the verdict, allowing executive magistrates to conduct mobile courts for the time being.

Since then, the apex court has extended the stay order several times.

Source: thedailystar