Mobile courts can operate till Oct 31

The executive magistrates can run mobile courts till October 31 as the Supreme Court yesterday again extended its stay order on the High Court verdict that declared unconstitutional the rules under which they run such courts.

A five-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 October 31.

Attorney General Mahbubey Alam, who moved the petitions, told The Daily Star that there is no legal bar for the executive magistrates to conduct mobile courts till October 31 following the order.

He also said he sought extension of the SC stay order and adjournment of hearing on the petitions for four weeks in order to prepare for placing arguments before the apex court. 

Following the SC's August 16 order, the executive magistrates could run the mobile courts till yesterday.

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”.