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Petition filed seeking stay on HC verdict on mobile court
The government on Sunday filed a petition with the Appellate Division seeking a stay on a High Court (HC) order that declared the mobile courts conducted by executive magistrates illegal and contradictory to the Constitution.
Deputy attorney general Motahar Hossain Saju filed the petition on behalf of the state.
On Thursday, a two-member HC bench of Justice M Moinul Islam Chowdhury and Justice Ashish Ranjan Das declared mobile courts 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, said Barrister Hasan MS Azim.
“And it also goes against the verdict on the Masdar Hossain case,” he said,
On September 14, 2011, a mobile court sentenced Kamruzzaman Khan, chairman of Esthetic Properties Development Ltd, for violating some sections of the Building Construction Act.