Court Correspondent :
The Appellate Division of the Supreme Court on Tuesday stayed the High Court order for two more weeks that declared mobile courts, conducted by executive magistrates, contradictory to the Constitution of the country.
A six-member bench of the Appellate Division led by Chief Justice Surendra Kumar Sinha passed the order on Tuesday morning. As a result, the mobile courts by the Executive Magistrate can now continue during this period.
Barrister Hassan SM Azim appeared in the court on behalf of the
writ petitioners while Attorney General Mahbubey Alam represented the state in the court.
Earlier on July 4, the apex court had stayed the High Court order for two weeks after hearing on a time petition filed by the state.
On May 11, the High Court declared mobile court illegal and contradictory to the Constitution. The court declared section 5, which empowers an executive magistrate to conduct mobile court, and sections 6(1), 6(2), 6(4), 7, 8(1), 9, 10, 11, 13 and 15 of the Mobile Court Act 2009 illegal and contradictory to the Constitution and independence and supremacy of the judiciary. “And it also goes against the verdict of the Masdar Hossain case”, the verdict added.
However, later, on May 21, the Appellate Division stayed impugned order of the High Court considering a petition filed on behalf of the state.
The Appellate Division of the Supreme Court on Tuesday stayed the High Court order for two more weeks that declared mobile courts, conducted by executive magistrates, contradictory to the Constitution of the country.
A six-member bench of the Appellate Division led by Chief Justice Surendra Kumar Sinha passed the order on Tuesday morning. As a result, the mobile courts by the Executive Magistrate can now continue during this period.
Barrister Hassan SM Azim appeared in the court on behalf of the
writ petitioners while Attorney General Mahbubey Alam represented the state in the court.
Earlier on July 4, the apex court had stayed the High Court order for two weeks after hearing on a time petition filed by the state.
On May 11, the High Court declared mobile court illegal and contradictory to the Constitution. The court declared section 5, which empowers an executive magistrate to conduct mobile court, and sections 6(1), 6(2), 6(4), 7, 8(1), 9, 10, 11, 13 and 15 of the Mobile Court Act 2009 illegal and contradictory to the Constitution and independence and supremacy of the judiciary. “And it also goes against the verdict of the Masdar Hossain case”, the verdict added.
However, later, on May 21, the Appellate Division stayed impugned order of the High Court considering a petition filed on behalf of the state.
