Law Minister Shafique Ahmed on Thursday turned down deputy commissioners’ demand for the return of their power to hold summary trial.
Shafique squarely ruled out the proposal saying it was “in conflict with the constitution”.
On the third and last day of the three-day DC conference, the law minister met the DCs in the cabinet division conference room.
Cabinet Secretary Mohammad Mosharraf Hossain Bhuiyan chaired the session.
Replying to their proposal, Shafique said the demand they placed was unconstitutional. “It is conflicting with the constitution.”
According to the section 22 of the constitution, after the separation of the judiciary from the executives only the judicial magistrates will have the power to hold summary trial.
“The executive magistrates and judicial magistrates will do their own job. The government will not interfere with it,” he added.
Citing the section 22 of the constitution, the minister said the section clearly states that the state will ensure separation of judiciary from executives.
The government has given the responsibility of trial to the judiciary by amending the penal codes. It was done following the verdict of the higher court, he noted.
“It’s mandatory for the government to follow the constitution and order of the courts. The government will do so,” the minister asserted.
About the proposal for amendment to the mobile court act to ensure punishment to offenders the minister said, most of the DCs had urged the government to amend the act.
“The mobile court has the power to administer punishment if any offense is committed before the court. Still the law ministry will examine the difficulties of the law and it’ll be amended accordingly.”
The Deputy Commissioners demanded their power back on Thursday, the first day of the three-day DC conference in Dhaka.
