High Court sees abuse of power in mobile courts, cites Lakshmipur jailing of pensioner

The High Court has observed that mobile court is necessary in the current circumstances of the state and society, but abuse of power is taking place through this.

Even executive magistrates are abusing the mobile court law in order to show their power and for their own interests, the court observed in an order on Wednesday.

“This case is a good example of such incident,” it said in the order in the case regarding the jailing of a former acting civil surgeon of Lakshmipur by a mobile court after a brawl between him and an additional deputy commissioner in the district.

Sadar Upazila Executive Officer or UNO Mohammad Nooruzzaman conducted the mobile court and jailed retired acting civil surgeon Salah Uddin Sharif after the tiff with Shaikh Murshidul Islam on Dec 4.

Salah Uddin Sharif. Photo: Facebook

The High Court bench of Justice Quazi Reza-Ul Hoque and Justice Mohammad Ullah on Sunday excused Nooruzzman and Mursahidul from appearance when they presented themselves to the court and offered unconditional apology.  

It ordered the government not to post them in “such positions from where they can abuse power again”. 

Sharif, who was earlier acquitted by an Additional District Magistrate’s Court of the charges brought in the mobile court, was also present at the High Court.

Abdul Baset Majumder represented Murshidul at the hearing. The ADC has been made an officer on special duty or OSD, a move considered as punishment of public servants in Bangladesh.

Shaikh Murshidul Islam. Photo: Facebook

Yusuf Hossain Humayun was the lawyer for Nooruzzaman while Deputy Attorney General Tapas Kumar Biswas represented the State.

In the order on the rule following a writ petition by lawyer Hasan MS Azim, the High Court said, “Mobile court is much needed in the current circumstances of the state and society. But its abuse is not acceptable in any manner.

“The High Court hopes those conducting mobile courts will follow the related laws” it observed.

In the rule, the court had asked the authorities why setting up a mobile court following a ‘personal conflict’ would not be declared illegal.

Mohammad Nooruzzaman. Photo: Facebook

Besides the order, Justice Hoque said, “Magistrates cannot run mobile courts at their homes.”

The court also said in the order that the retired civil surgeon should have behaved in a more tolerant and acceptable way.

It expressed surprise at their brawl, “You are highly educated people. What will the society say when it sees a doctor and an ADC fighting? Who is to bear the shame? This has disappointed us. We hope it won’t happen again.”