By Mizan Rahman
Dhaka
The Bangladesh cabinet yesterday approved a proposal for amendment to the existing mobile court law with some provisions aimed at more effective application of the law as well as achieving the very objective of the quick trial process.
The approval was given in the weekly meeting of the cabinet.
Briefing reporters on the meeting, cabinet secretary M Musharraf Hossain Bhuiyan said after the amendment, the executive magistrates of the mobile courts would be empowered to give punishment to a person based on circumstantial evidence, deposition of witnesses and examining surrounding situation even if he or she does not confess his or her guilt.
The amendment adds three new elements, he said.
“It will enable courts to take a call after considering the facts and witnesses. The second addition is bringing information and communication technology issues under the purview of mobile courts,” said the cabinet secretary.
It will also allow executive magistrates to take expert opinions for mobile court proceedings.
In the existing law, framed in 2009, the mobile court magistrates are allowed to impose punishment to somebody only if he or she pleads guilty for an offence.
The government in 2009 enacted the mobile court law with the basic objectives of conducting drive against adulteration, eve teasing, corruption and copying in public examination.
“But one of the main limitations of the current law is that many people commit offence, but deny pleading it. And under the existing law a person cannot be punished without his/her admission about the offence,” he added.
The home ministry prepared the draft of the law after series of consultation and inter-ministerial meeting and in light of the suggestions of district commissioners’ conference in 2013, the cabinet’s guideline and recommendation of a workshop at Prime Minister’s Office (PMO) on mobile court last year to find out ways of using Information Communication Technology (ICT) for better execution of the mobile court.
The new law has incorporated provision of using information and communication technology for disposal of the case of the mobile courts. For example, electronic signature and biometrics will be accepted in the court, the cabinet secretary said.
Besides, the executive magistrates can take opinion of experts in this regard while disposing of a case, particularly of those with nature of food adulteration.