The High Court (HC) yesterday withdrew its earlier rule asking the government to explain under which authority the judicial magistrates were functioning.

The HC bench of Justice ABM Khairul Haque and Justice M Momtazuddin Ahmed passed the order after examining the government's reply to the rule and hearing submissions of the lawyers concerned.

Dr M Zahir, an amicus curie in the case, told the court that the government has enacted Criminal Procedure Code (CrRC) (amendment) Act 2009 giving legality to all functions of the judicial magistrates since November on 1, 2007, the day when the judiciary was separated from the executive.

He said there is no illegality in discharging functions by the judicial magistrates following enactment of the law.

Deputy Attorney General Mostafa Zaman Islam told The Daily Star that the HC withdrew its suo moto rule considering it (rule) ineffective, as the government has passed the law giving legitimacy of the functions of the judicial magistrates.

Earlier on March 11 this year, a division bench of the HC. headed by Justice ABM Khairul Haque, issued the suo moto upon the govern-

ment as the law did not exist at that time giving legality of the judicial magistrates' functions.

The government has recently submitted an affidavit to the HC, saying that the judicial magistrates have been functioning lawfully under the (CrPC) (amendment) Act 2009.

The CrPC (amendment) Act 2009 was passed in parliament on April 8 this year, with retrospective effect from November 1, 2007, it said.