Mobile courts can continue till Dec 6

The executive magistrates can run mobile courts till December 6 as the Supreme Court on Wednesday 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 Justice Md Abdul Wahhab Miah, who is performing functions of the chief justice, 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, told The Daily Star that there is no legal bar for the executive magistrates to conduct mobile courts till Dec 6 following the SC order.

He also said he 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 against the HC verdict.

Earlier on May 11 this year, 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”.