Executive Magistrate cannot proceed over an offence not committed before him
HC observes in a full verdict24 March 2023
Gulam Rabbani :
In the full text of a verdict the High Court observed that an Executive Magistrate cannot proceed over a case against a person for an offence which is not committed before him while conducting Mobile Court.
It also observed that there is no scope under the Mobile Court Act to proceed against a person for an offence who was apprehended or arrested or detained by the police from elsewhere and thereafter was produced before the Executive Magistrate for proceeding against him through Mobile Court.
The High Court bench of Justice Md Badruzzaman and Justice S M Masud Hossain Dolon delivered the verdict after hearing an appeal petition filed by one Md Asif Ahammed of Khulna against his conviction by a Mobile Court. According to the verdict, B M Alamgir Hossain, a police officer of the Sonadanga Police Station in Khulna, arrested one Md Asif Ahammed on March 1 in 2011 and produced him before the Executive Magistrate in Khulna on the same date. The police officer also submitted a prosecution report alleging that Asif by violating the modesty of girls committed offence under section 509 of the Penal Code.
The Executive Magistrate, on the same day proceeded against Asif by conducting a Mobile Court, recorded his confessional statement and framed charge against him under section 509 of the Penal Code and then convicted him and sentenced him to suffer simple imprisonment for a period of one month under section 9(1) of the Mobile Court Ain, 2009 and sent him to jail.
Against the said order Asif Ahammed filed an appeal before the District Magistrate in Khulna who transferred the same to Additional District Magistrate for its disposal. The Additional District Magistrate on January 12 in 2012 dismissed the appeal by affirming the order of conviction and sentence passed by the Mobile Court.
The convicted person then preferred a criminal revision before the Sessions Judge in Khulna, which on transfer was heard by Special Sessions Judge and Divisional Durto Bichar Tribunal in Khulna. The Special Sessions Judge on September 5 in 2021 dismissed the revision by affirming the order of Additional District Magistrate.
Challenging said judgment the convicted person moved the High Court. Upon hearing the petition the High Court issued a rule questioning the legality of the orders passed by the lower courts concerned.
Upon hearing the rule the HC bench declared it absolute. At the same time the HC bench repealed the orders passed by the Special Sessions Judge, the Additional District Magistrate and the Executive Magistrate. It also acquitted the convicted person from the charge brought against him.
The HC bench delivered the verdict on March 1 this year, while full text of the verdict has been released on the SC website recently.