Court Correspondent :
The Chief Justice of the Supreme Court on Sunday asked Attorney General Mahbubey Alam to notify the government that the judiciary is turning “incapable” due to non-cooperation from the law ministry.
Chief Justice Surendra Kumar Sinha made the call yesterday while hearing plea on behalf of the state to stay the High Court order that declared mobile courts illegal.
Attorney General Alam represented the state while Barrister Hassan MS Azim argued for the petitioners. The Attorney General said 37 child marriages were reported from Dinajpur within four days stopping operations of the mobile courts following the High Court order. On the occasion, the Chief Justice asked Mahbubey Alam if he wanted any parallel court.
“No, mobile courts are needed for immediate responses to any offense, said the Attorney General. Both Sinha and Alam persisted in their disagreements over the issue.
“You will punish someone through mobile courts and then again run trials on him. Under what law would you do so?” asked the Chief Justice. “One is penalized only after one admits to a crime,” said Alam. Sinha asked: “Is it enough if someone just confesses?”
Only death sentences are now left out of the mobile courts’ jurisdiction, he said. “You are pushing it too hard.” At this point, Alam, requested the Chief Justice to hear the full case first.
CJ Sinha criticised Mahbubey Alam for not consulting with the Law Commission and said a credible law is made upon consultation with professors, law practitioners and specialists.
“There is a Law Commission being run by a former chief justice. He has written many good books. But people hardly consult the commission. Is it enough if someone from the ministry just writes down the law?”
“The judiciary does not work for the government. It is becoming weaker due to non-cooperation from the law ministry. You (Attorney General) will inform this to the government for finding out a solution,” he said.
The Appellate Division stayed the verdict of the High Court until July 2, declaring illegal and unconstitutional the mobile courts run by executive magistrates.
