The army-backed caretaker government issued the Mobile Court Ordinance in 2007. On October 4, 2009, Awami League-led grand alliance government passed it into a law at Jatiya Sangsad, which is familiar as ‘Mobile Court Act-2009’.
Since then it has been alleged that many people of the country have been harassed by mobile courts that are administered by an executive magistrate. Several writs have been filed with the High Court (HC) over the legality of mobile court. The HC is yet to hear the cases.
On September 14, 2011, a mobile court sentenced one Kamruzzaman Khan, owner of Aesthetic Properties Development, to one month’s imprisonment on charges of violating several sections of Building Code Act. Khan was granted bail by the HC after a week on September 20.
On October 11, 2011, Khan filed a case with the HC challenging the legality of several sections of Mobile Court Act.
Two more writs have been also filed challenging the legality of mobile courts.
After hearing the three cases, on May 11, 2017, the HC declared the operation of mobile courts by executive magistrates illegal and unconstitutional.
Delivering the verdict, the HC has 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’.
Within 24 hours, the Chamber Judge of Supreme Court stayed the HC order in response to a state petition for one week, but later extended the stay several times.
Meanwhile, the home ministry and the law ministry filed three leave to appeal against the HC verdict, arguing on behalf of administering mobile courts by executive magistrates.
On January 16 last, the then acting Chief Justice Abdul Wahab Mian granted the leave to appeals and ordered them to file regular appeal. The court also stayed the HC verdict until the appeals are settled.
Since then no hearing on the appeals has been held as the cases were not included in work list.
Contacted, Barrister Hasan MS Azim, a lawyer for the petitioners, told the Bangla Tribune: “It is a public interest writ. But the Appellate Division has few judges. The case needs long time-consuming hearing. We hope to file a plea for hearing of the case after Eid-ul-Fitr as number of courts and judges will increase then.”