Mobile court to improve law and order
TO further improve the prevailing law and order situation in the country and also to re-enforce the drive for prevention of crimes, the government has empowered the executive magistrates to take cognisance of offences on the spot and award punishment with the promulgation of Mobile Court Ordinance, 2009 (MCO). The president promulgated this ordinance because the Parliament was not in session.
The separation of the judiciary from the executive became a reality on November 1, 2007. The order of the separation did not include instructions about the mobile courts to be conducted by executives. The MCO can help in overcoming the stalemate in detection of cases.
The minister for law and parliamentary affairs has, however, rejected the demand for the trial of cases by executive magistrates in consideration of possible contradiction with the judgment of the case of Masder Hossain and 441 other judicial officers who filed Writ Petition No.2424 in 1995. The law minister also emphasised in the conference of the district magistrates that they could exercise the power under 80 Acts/Ordinances in the schedule of the MCO.
However, there remains some confusion about the procedure of the cognisance of offences, trial of cases and imposition of punishment specially in cases like Highways Act, 1925, Drugs (Control) Ordinance, 1982, Motor Vehicles Ordinance, 1983, Acid Control Act, 2002, Narcotics Control Act, 1990, Pure Food Ordinance, 1959 etc.
The MCO might not be able ensure improvement of law and order significantly since there are many gangs of hijackers and terrorists, including some intruders spreading their network inside Bangladesh.
Incidents of murder, theft, rape, robbery etc. have increased in comparison to previous years. In addition, threats over phone, overpowering in tender process, and anarchy of employees in industries are challenges to the social system and the economy, especially during the economic downturn. The people are frustrated with the prevailing law and order situation in the country.
In every district there is a law and order committee headed by the district magistrate. The police super of the district, a vital member, frequently remains absent from the meetings presided over by the deputy commissioner. The chief judicial magistrate is concerned with criminal and civil cases of public interest, but is not a member of the law and order committee. The district magistrate, after the separation of powers, has lost his coordinating role.
This issue was brought to the notice of the authority during the deputy commissioner's conference on July 28, and the prime minister advised all the members of the law and order committee at the district level to be present.
The PM has also warned that her government would take stern action against any delinquent, and show zero tolerance for negligence of duties. She made it clear that none can abstain from a committee meeting in consideration of who is superior to whom in local government.
The prime minister mentioned the reporting system from the field level to the centre, which she called primitive, obsolete and traditional, and not consistent with the expectations of a government working to change the order of the day.
At present, in most cases, junior officials in charge are reporting in the old format, although almost all deputy commissioners and magistrates are computer literate. This mode of reporting cannot provide information about the market and the movement of terrorists.
The formation of village courts, as announced by the LGRD minister during the conference of deputy commissioners, appears to be an encroachment on the statutory and inherent jurisdiction of the Union Parishad chairman and members. A village court as a separate entity was also tried before, but was ineffective and unacceptable to the villagers. Village courts cannot provide services like mobile courts. The minister has, however, promised to prepare a charter of duties and responsibilities of the upazila chairman, vice-chairman, councilors and the UNO.
The improvement of law and order depends on the support of the people, with strong commitment of the party in power. Although "Operation clean heart" in 2003 gained public support, it could not continue because of protests against it by party activists. The Rapid Action Battalion is a threat to the law-breakers. In fact, detection and discovery of crimes is preventive, not an in-built mechanism for permanently healing ailments.
Mobile courts can help to restore discipline, improve law and order and promote the campaign of rule of law, provided they get the support of politicians and commitment of the judiciary and the executive. The offender must be treated as a criminal, whatever be his identity, credential or origin, and should not be known by his allegiance or loyalty to any person, party or group.
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