HC questions legality of Village Court Act

The High Court has questioned the constitutional legality of the village court law which has allegedly vested judicial powers in union parishad chairmen and its members.

In a rule issued today, the court asked the government to explain why the Village Court Act, 2006 should not be declared contradictory to the constitution and made null and void.

The bench of Justice Ahmed Sohel and Justice Fatema Anwar issued the rule following a writ petition filed as a public interest litigation (PIL) by Supreme Court lawyer Ishrat Hasan on February 15, challenging the constitutional validity of the law.

In the petition, the lawyer argued that vesting judicial powers in union parishad chairmen and members contradicts Article 22 of the constitution, which mandates the separation of the judiciary from the executive.

She said allowing politically affiliated local representatives to adjudicate civil and criminal matters undermines the fundamental structure of an independent and impartial justice system.

The petition further stated that Article 35(3) of the constitution guarantees every citizen the right to a speedy and public trial by an independent and impartial court or tribunal established by law, but village courts do not consist of trained judicial officers.

Ishrat Hasan moved the petition herself, while Deputy Attorney General Khan Ziaur Rahman and Abdul Karim represented the state during the hearing.