Monday, December 9, 2024

No summary trial power for DCs: Shafique

Although the three-day annual conference of deputy commissioners (DCs) ended on Thursday, no resolution was adopted regarding the DCs’ demand to amend the Criminal Procedure Code (CrPC), which would allow summary trial for petty offences. Law minister Shafique Ahmed, however, assured the DCs that the government would amend the existing Section 6(1) of the Mobile Court Act, if needed.
The section states: “The magistrate can only try a person if the culpability falls under the offences specified in the schedule of the Act and if the magistrate catches him red-handed and if he confesses to his crime.”
“We also demanded autonomy to take cognisance of written charges against the offenders. But the minister said the Constitution allows no provision for this,” a DC told The Independent after the conference.
“Certain sections of the CrPC, such as 260 and 265, should have been included in the Mobile Court Ordinance to empower executive magistrates to conduct summary trial to speed up proceedings, which, in turn, could minimise crime,” the DC added.
The law minister also said that the DCs would not be given the authority to conduct summary trials, the power they had enjoyed before the separation of the judiciary from the executive back in November 2007.
“We cannot do anything that will come into conflict with the country’s Constitution,” the law minister said, adding, “Such a demand cannot be met because since the separation of the judiciary, the Supreme Court has divided judicial powers of the executive and judicial magistrates accordingly, and such amendment of laws will not be rational.”
Cabinet secretary Mohammad Mossarrof Hossain told reporters after the conference that the DCs’ proposal to have the power to conduct summary trials was likely to be examined by the government. “It is a matter of the judiciary and hence the law ministry will take action in this regard,” he said.
Information minister Hasanul Haq Inu told the conference that the arrest of Golam Maula Rony, a ruling party lawmaker, shows the government’s respect for the mass media.
“It is an unpardonable offence to physically assault media persons. Whatever the political status or affiliation of the accused, they will have to face trial in court. I hope our media community will come forward to establish the rule of law in the country,” Inu told reporters at the Secretariat in the city.
He assured mediamen that recommendations of the eighth wage board for journalists would be published soon.
Inu further told reporters that the DCs had suggested that the “culture of propaganda and rumour” by online newspapers be stopped.
“The government will formulate a policy for online media to put an end to propaganda,” the information minister said. “Online media is a good source of news, but it is spreading propaganda and rumour, thereby hampering the democratic process,” he observed.
The information minister, however, said the government had no intention to gag the media in the name of control.
“We have told the DCs that we are formulating a mass media policy. We don’t want to smother online media in the name of control. We believe in the development and evolution of online newspapers,” he added.
During the three-day meet, the DCs and divisional commissioners attended a total of 24 sessions with 40 ministry representatives in the conference room of the Cabinet Division at the Secretariat.
The DCs drew the attention of the Prime Minister and different ministers to 242 issues.
Prime Minister Sheikh Hasina inaugurated the conference at the international conference hall of the Prime Minister’s Office (PMO) and addressed the DCs on July 23. It was the last meeting of the grand alliance government with field-level administrators before its tenure ends.

-With The Independent input

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