The Election Commission (EC) yesterday decided to authorise executive magistrates to hold trial for electoral offences to ensure holding of the next national polls in a free and fair manner although they do not have the jurisdiction to do the task.
As per the Criminal Procedure Code (CrPC), only judicial magistrates are authorised to hold trial for electoral offences that are grave in nature and award the offenders punishment, which involves both imprisonment and fine.
An individual could be imprisoned for two to seven years, and also fined for committing electoral offences on the polling day, according to the Representation of People Order (RPO).
But executive magistrates, who are authorised by the mobile court ordinance to ensure law and order, have not got the authority to award imprisonment for any offences.
As per the Mobile Court Ordinance 2007, the executive magistrates have the authority only to fine individuals for offences.
Legal experts said the EC’s action to ensure holding of a free and fair election by curbing electoral offences might face difficulties.
The EC’s decision and activities of the executive magistrates might also be challenged on legal grounds, said the legal experts.
When contacted, Election Commissioner Muhammed Sohul Hussain told The Daily Star last night, “We shall write to the Supreme Court through the establishment ministry for empowering executive magistrates with the authority of judicial magistracy to hold trial for electoral offences.”
The EC officials were earlier preparing to authorise judicial officers to hold trial for electoral offences in line with the CrPC, sources said.
But the EC at a meeting last afternoon suddenly changed its stance and decided to authorise executive magistrates to do the job, sources added.
As per the EC decision, the commission secretariat will now write to the establishment ministry seeking around 400 executive magistrates, sources said.
Earlier, the Law, Justice and Parliamentary Affairs Ministry on November 16 amended the mobile court ordinance’s schedule empowering executive magistrates to hold trial for electoral offences, ignoring the jurisdiction of judicial magistrates to do the job.
The law ministry inserted the title of RPO in the mobile court ordinance through the amendment empowering executive magistrates to hold trial for electoral offences.
Legal experts have termed the amendment illegal and asked the law ministry to cancel it, saying executive magistrates, who are government officials, have no authority to hold trial for parliamentary election offences.
Talking to The Daily Star on Wednesday, Justice Ghulam Rabbani and eminent jurist Shahdeen Malik termed the law ministry’s action illegal and said only the judicial magistrates have the authority to do the job.
According to the RPO, magistrates are assigned on polling day to hold summary trial for electoral offences under sections 73, 78, 79, 80, 81 (1) and 82 of it.
The offences include interfering or attempting to interfere with a voter when he records his vote, intentionally defacing or destroying a ballot paper, creating obstacles to conduct election or counting of votes, resorting to an act of violence or unruly behaviour, giving threats or intimidate voters or people connected with election activities or duties.
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