The LGRD and cooperatives minister, Syed Ashraful Islam, on Wednesday said that the government could not give back magistracy to deputy commissioners as they had exercised the judicial power before the separation of the judiciary from the executive.
'We cannot legally give back the total magistracy the deputy commissioners reserved before the separa- tion of the judiciary as there were directives from the Supreme Court in this regard,' Ashraful told reporters after a working session on the second day of the deputy commissioners' conference at the secretariat.
He said that the deputy commissioners had sought authority to conduct summary trial by executive magistrates which was not legally possible.
Before the separation of the judiciary on September 1, 2007, the deputy commissioners being district magistrates used to exercise the judicial power.
At the inauguration of the three-day annual conference on Tuesday, deputy commissioners sought authority to conduct summary trial by executive magistrates besides operation of mobile courts to keep law and order.
After the separation of the judiciary, the executive magistrates do not have the legal authority to hold summary trial in case an accused denies having committed the crime, officials said.
Source : New Age
