SC extends stay on HC order against mobile court for 5 weeks

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DHAKA, Nov 1, 2017 (BSS) – The Appellate Division of the Supreme Court (SC) today extended for five more weeks the stay it had imposed on High Court order declaring running mobile courts by executive magistrates illegal.

“Adjourned to December 6,” a five-member Appellate Division bench headed by Acting Chief Justice Md Abdul Wahhab Miah said.

“We have pleaded for six weeks time and the court has adjourned the matter till December 6. There is no legal bar in running mobile courts by executive magistrates till that day,” said Attorney General Mahbubey Alam.

Earlier on October 10, the apex court had stayed the High Court till October 31.

On May 11, the High Court had passed the order, declaring some 14 sections and sub-sections of the concerned act unconstitutional.

The full text of the 64-page verdict was released by the High Court on June 7.

“The mobile courts, if any, must be manned by the judicial magistrates or the metropolitan magistrates, as the case may be. In other words, the mobile courts must be manned by the members of the Bangladesh Judicial Service, which will be perfectly in accord with the constitution and the judgment passed by the Appellate Division in Masdar Hossain’s case,” the HC verdict said.

The court passed the order after holding a hearing on writ petitions filed by three people, convicted by mobile courts.

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