More powers for magistrates

The cabinet yesterday approved proposals for amending the mobile courts law in a bid to empower the executive magistrates to punish wrongdoers even when they deny their offence.

Under the existing Mobile Court Act-2009, punishment to the wrongdoers cannot be meted out if they deny their offence.

The government brought the amendments in response to the longstanding demand of the executive magistrates.

Briefing reporters at the Secretariat about the outcome of the meeting, Cabinet Secretary M Musharraf Hossain Bhuiyan said that three new clauses have been added to the act.

As per the Mobile Court (Amendments) Act-2015, an executive magistrate leading a mobile court can punish or fine an offender based on evidence collected from the surrounding and statement of witnesses even if the wrongdoers do not admit their offence, he said.

Replying to a query, Musharraf said there will be no confrontation between the executive and judicial magistrates following this amendment.

"Executive magistrates can only conduct trials on the issues that happen in front of them, while judicial magistrates can conduct trials based on witness' confession," he said.

The cabinet secretary added that the mobile courts would now be able to conduct drives more effectively through which people would be benefited.

He said the draft law will be vetted by the law ministry before the authorities start applying it.

Mobile courts arrested and handed down instant punishment to many BNP-Jamaat activists during the 20-party alliance's anti-government agitations in the recent past. The BNP had termed the action unprecedented and one-sided.

Earlier, the High Court in response to a writ petition on October 18, 2011, questioned the legality of mobile courts and asked the government to explain within four weeks why the provisions of the law that empower executive magistrates to exercise judicial powers through mobile courts should not be declared unconstitutional.

The petition is still in the hearing list of the High Court, Barrister Hassan MS Azim, who appeared for the petitioner, told The Daily Star.

However, Al-Amin Sarkar, deputy attorney general, said he is yet to receive any government reply in this regard.

The cabinet secretary said the Mobile Court (Amendment) Act will see the inclusion of information and communication technology during trial while electronic signature and biometrics can also be used. Besides, executive magistrates can seek expert opinion to conduct mobile court.

The act was enacted in 2009 with the aim of checking food adulteration, eve-teasing, and ensuring proper conduction of public exams and speedy disposal of trials.

Mosharraf said that between 2010 and 2014, mobile courts -- which can punish offenders under 93 laws within their jurisdiction -- disposed of 5.5 lakh cases.

As per the law, executive magistrates can instantly punish offenders maximum two years' of imprisonment and can also realise fine from them. If an offender confesses to an offence but fails to pay the fine instantly, the executive magistrate can hand down another three months' jail term.

Eminent jurist Shahdeen Malik told BBC Bangla yesterday that due to the mobile court act, an offender is deprived of his/her basic right to consult a lawyer as he or she is punished instantly.

Although verifying the veracity of an evidence is an important part of trials, it is not possible in the case of instant trials, he said.

"So the mobile court act is destined to be abused," he added.

However, serving executive magistrates hailed the amendments, saying it will help implement the law properly.

"Whenever we catch an individual or organisation doing an illegal act openly during a drive, we could not punish them as they knew the loopholes of the law that if they did not admit their offence, they would not be punished instantly.

"But through this amendment, they will not be able to get away with their wrongdings. It will help people to get the benefits," an executive magistrate told The Daily Star, preferring anonymity.

At the cabinet meeting held at the Jatiya Sangsad Bhaban, Prime Minister Sheikh Hasina was handed over the World Summit on the Information Society Prize that Bangladesh achieved under the category of access to information and knowledge of National Web Portal on May 26 in Switzerland.

The PM dedicated the prize to the people of the country.

The cabinet also approved the Jute Act-2015 which will incorporate 'Patkhari' (inner woody fibre stick) as jute-made products.

It also thanked and congratulated the Bangladesh cricket team for their outstanding performances against India.