Govt order on mobile courts' power stayed
The High Court yesterday stayed for four months a government order that empowered the mobile courts to try the crimes of real estate companies.
The home ministry on September 8 issued a statutory regulatory order (SRO) providing mobile courts with powers to try the real estate companies on the spot for petty crimes.
In response to a writ petition, the court yesterday also issued a rule upon the government to explain in four weeks why the SRO should not be declared illegal.
Mobile courts, which are constituted under the Mobile Court Act, 2009, are empowered to try a number of petty offences including illegal assembly, public nuisance, and illegal connection of electricity, water, and gas, and to supervise examination centres.
Rehab president Nasrul Hamid Bipu on November 27 filed the writ petition with the HC challenging the legality of SRO, saying that the provisions of the mobile court act that empower executive magistrates to exercise judicial powers are against the fundamental structure of the constitution.
The HC bench of Mirza Hussain Haider and Justice Md Khurshid Alam Sarker yesterday came up with the order and rule after holding hearing on the petition.
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