A Rajshahi court on Tuesday asked the officers-in-charge of police stations in Rajshahi district to refrain from illegal practice of prosecuting arrested persons in mobile courts led by executive magistrates, upazila nirbahi officers or assistant commissioners.
Rajshahi Chief Judicial Magistrate Court judge Md Mehedi Hasan issued a circular on Tuesday with the directive.
The circular was issued a week after Chattogram Chief Judicial Magistrate had asked all the police station officers-in-charge in Chattogram district to refrain from such illegal practice.
The circular reads, they came to know from different media and other sources that the OCs of different police stations in Rajshahi had been prosecuting arrested accused in mobile courts led by executive magistrate, ACs (land) or UNOs of the concerned areas instead of producing them before judicial magistrates’ court, which was the clear violation of the Mobile Court Act 2009 and the High Court directive.
‘If any such practice takes place, they would be reported to the High Court and actions would be taken against errant police officers for violating the Mobile Court Act 2009 as well as the directives issued by the High Court banning such practice of OCs, UNOs and ACs (land)’, the circular read.
In May, 2017, the High Court in its directive said there was no scope to convict a person under the Mobile Court Act 2009 who was apprehended or arrested or detained by the police prior to his trial that is before commencement of Mobile Court proceeding. And if anyone is convicted in the aforesaid manner, the whole proceeding of the Mobile Court would be vitiated and the order of conviction was illegal and without jurisdiction.
The High Court in the verdict had also punished Sakhipur Upazila Nirbahi Officer Mohammad Rafiqul Islam, who jailed 15-year schoolboy Sabbir Shikdar by running a mobile court, and the officer-in-charge of Sakhipur police station Mohammad Moksudul Alam who had produced Sabbir before the mobile court.
The verdict delivered by the bench of Justice M Enayetur Rahim and Justice Ashish Ranjan Das also cancelled the jailed term of Sabbir Shikdar who was accused in a false of keeping 100 grams of cannabis.
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