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Electoral offences
FROM PAGE 1
The committee was asked to place its report by today as the bill is likely to be passed tomorrow before prorogation of the current session. The bill was prepared on the basis of the ordinance.
In line with the Awami League led government's decision, President Zillur Rahman promulgated the ordinance on July 23, 2009 empowering the executive magistrates to run mobile courts to maintain law and order and try people for electoral offences.
The general administrative committee of the SC, headed by the chief justice, unanimously decided in December that only experienced judicial magistrates should be engaged in administering justice in cases filed for electoral offences.
"As jurisdictions of the judicial and executive magistrates are clearly delineated, the latter need not be entrusted with the authority of the former," the SC noted responding to a letter of Election Commission following a controversy whether the judicial or executive miagistrares should be engaged in- ttying electoral offences.
As the SC did not approve empowering executive magistrates, who are also officials of the admin cadres, to hold trials of cases filed in connection with electoral offences, the EC
had finally decided to deploy judicial magistrates in the December 29 parliamentary polls.
The executive magistrates have lost judicial powers to try people for offences following separation of the judiciary from the executive during the last caretaker government's rule.
In the face of strong demand from administration cadres, the then caretaker government, however, promulgated an ordinance empowering the executive magistrates to run mobile courts to maintain law and order.
The ordinance, which ceased to have effect in late February as it was not ratified in parliament within the specified time, allowed the executive magistrates only to fine individuals for an offence.
Later the AL-led government promulgated the new mobile court ordinance. The new ordinance empowered the executive magistrates to fine and imprison one for up to two years. A mobile court is empowered to hold trials ofcases filed under as rnaoy-as 80 laws including Representation of the People Order (RPO) and all other electoral laws.
Trying the electoral offences, the executive magistrates might face difficulties as they cannot award anybody more than
two year's imprisonment although an individual might be punished for up to seven years for committing electoral offences.
Besides, the legal experts said the order of criminal procedure clearly specifies the functions and jurisdictions of the judicial and executive magistrates and it does not allow executive magistrates to hold trials of cases for any offences and award imprisonment to an individual.
Under such a circumstances, the onus is now on the parliamentary standing committee on the home ministry whether it would ask the House to bring amendment to the proposed bill.
Meanwhile, Textile and Jute Minister Abdul Latif Siddiqui placed a bill seeking amendments to the Jute Ordinance 1962. After being placed, the bill was sent to the parliamentary standing committee on textile and jute ministry for scrutiny.
The parliamentary standing committee on finance ministry placed scrutiny reports in parlia-ment on two bwM»~ — Insurance Control Authorities Bill 2009 and Insurance Bill 2009 and recommended passing of the bills.
Besides, the parliament passed a bill amending the Jamuna Multipurpose Bridge Authority Ordinance.