Sunday, May 26, 2024

Justice on the Go : The Mobile Court system

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The mobile court is a type of court system that is known as a mobile court to maintain law and order and prevents crime more quickly in addition to the conventional judicial system of the Bangladesh government.

The main function of the mobile court is to take cognizance of the crime and punish it immediately at the scene of the crime. The main aims and objectives of mobile courts are detailed in the Mobile Courts Act 2009.

Who is the judge of the mobile court?

According to Section 5 of the Mobile Courts Act 2009, the Government may, by written order, empower any Executive Magistrate in the whole country or in any particular district or metropolitan area and the District or District Magistrate to any Executive Magistrate under his territorial jurisdiction by order in writing.

Thus, a perusal of this section shows that Executive Magistrates usually have the power to conduct Mobile Courts.

Who is the executive magistrate?

According to the Code of Criminal Procedure, there are two types of magistrates in the country. Judicial Magistrate and Executive Magistrate.

The Executive Magistrate is also identified as a criminal court under the Code of Criminal Procedure.

Section 10 of the Code of Criminal Procedure provides some clarification regarding the appointment and functions of the Executive Magistrate.

According to this section, the Government may appoint such number of Executive Magistrates as it deems necessary in each district and metropolitan area.

Sub-section 5 of section 10 of the Code of Criminal Procedure states that if the government deems it necessary, it can appoint any person employed in the Bangladesh Civil Service (Administration) as an Executive Magistrate and can delegate the powers of an Executive Magistrate to any of the said members.

Sub-section 6 of the same section states that a person appointed as Assistant Commissioner, Additional Deputy Commissioner, or Upazila Executive Officer in any district or upazila subject to the demarcation of local limits under sub-section 4 shall be considered an Executive Magistrate.

They will also exercise the powers of executive magistrates within their local limits.

Moreover, under Section 12 of the Code of Criminal Procedure, the Government can delegate all or part of the powers of the Executive Magistrate by appointing a Special Magistrate for a specified period. There are some conditions though.

Not only this, such Special Magistrates may be delegated by the Government, in consultation with the High Court Division, all or part of the powers of First, Second, and Third Class Judicial Magistrates.

Surely now it is understood that usually, one or more people can get power from the government as an executive magistrate.

A mobile court can try any crime?

Section 6 of the Mobile Courts Act empowers Mobile Courts to try several offenses. This section provides that the Executive and District Magistrates empowered under Sections 5 and 11 of this Act may try on the spot any offense under the Scheduled Act which is triable only by Judicial and Metropolitan Magistrates.

Notice, the offenses mentioned in the schedule. A perusal of the schedule of the Mobile Court Act shows that fifty-nine specific offenses of the Penal Code are given in the said schedule.

Apart from this main law, the mobile court can try the crimes under the special 110 (one hundred and ten) special laws.

That means an Executive Magistrate running a mobile court can try instant offenses under many laws.

Jurisdiction of the mobile court to impose penalties and fines?

Although Mobile Courts have been given jurisdiction to try offenses specified in many of the Acts mentioned in the Schedule to the said Act, Sections 8 and 9 of the Act have placed certain restrictions on the Mobile Courts in imposing punishments and fines.

A mobile court can award maximum imprisonment of two years even if there is a higher punishment in any of the Scheduled Acts, the mobile court cannot award imprisonment of more than two years.

Mobile Courts shall impose fines within the limits of fines specified in the relevant laws and not more.

Moreover, it is mentioned that the imprisonment and fine shall be as per the rules of the Code of Criminal Procedure.

What to do if the sentence of the mobile court is illegal?

Appeals under the Mobile Court Act

According to legal jurisprudence and the constitution, the law is equal for all and has no boundaries. According to the class of court, if the trial is started from the lower court and the verdict is given, there is an opportunity in the law to get a fair trial by appealing the verdict and it is natural.

If any imprisonment or fine imposed by the mobile court seems to you to be illegal, you can appeal against the verdict.

According to sub-section (1) of Section 13 of the Mobile Courts Act any person aggrieved by any sentence imposed under this Act may file an appeal to the District Magistrate.

Again after filing the appeal, if you are not satisfied with the judgment of the District Magistrate or Additional District Magistrate or if such judgment seems illegal, you can file an appeal against the said judgment before the Sessions Judge.

Remedies provided in the Code of Criminal Procedure

According to Section 435 of the Code of Criminal Procedure, if any sentence passed by the Executive or Judicial Magistrate is illegal and if it is brought to the attention of the High Court Division or Sessions Judge, then any sentence shall be suspended by summoning the records of such judgment under his jurisdiction or the accused shall be released on bail if he is detained.

Can give for the purposes of Section 435 all Magistrates are deemed to be subordinate to Sessions Judges.

Also, if the High Court Division or Sessions Judge calls for records of any case or otherwise comes to the notice of the High Court Division or Sessions Judge under Sections 439 and 439(a) of the Criminal Procedure Code, the Appellate Court exercises jurisdiction under Sections 423, 426, 427 and 428 of the Criminal Procedure Code. can acquit an accused, reduce or increase the sentence.

Constitutional remedies

If any of the fundamental rights of a person (Articles 27 to 43, Bangladesh Constitution) are found to have been violated by any illegal or unconstitutional order passed by the Mobile Court, the aggrieved person may file a writ petition under Article 102 of the Constitution challenging the validity of the order in the High Court Division of the Bangladesh Supreme Court.

Conclusion

Reader, through the above article, I have tried to give you a brief idea of the mobile court, which is important for you to know, by no means, this article does not fully describe the mobile court. Finally, under the Mobile Courts Act 2009, an Executive Magistrate has been given a wide range of judicial powers.

An Executive Magistrate can easily award two years of imprisonment. Often these days news about the abuse of power of the mobile court is being reported in newspapers. By this writing surely you have got some idea about the mobile court.

মোবাইল কোর্ট কি? : মোবাইল কোর্টের দন্ড বে-আইনি হলে করণীয় কি?

If you are aggrieved by any Magistrate’s verdict, consult a lawyer and take the next steps. Don’t make any decisions on your own. Law is a very delicate matter. A proper judgment and analysis of the law may show a new path.

Watch on: https://www.youtube.com/channel/UCzKL7AcBsC06qCPb3sEKX4Q

Advocate Shipta Barua
Advocate Shipta Baruahttps://legalhome.org
Currently working as a Criminal Lawyer in Cox's Bazar Sessions Court, as well as legal consultant at Legal Home to provide legal assistance to common people. Moreover, involved in various social activities through the organization Gyananneshon. He completed LL.B (Hons) and LL.M in Law and Justice. Special interest in maritime law, environmental law and criminology.

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