The High Court (HC) yesterday issued a suo moto rule on the government to explain by March 19 why the ordinance regarding separation of judiciary was not ratified in parliament on time.
Questioning the legality of judicial magistracy, the HC asked the law secretary and the Supreme Court registrar to explain under which legal authority judicial magistrates are functioning after February 24, the day the Criminal Procedure Code (CrPC) (amendment) Ordinance expired.
The HC bench of justices ABM Khairul Haque and Md Abdul Hye issued the rule following a writ petition filed by Naboti Ranjan Chakma.
The immediate past caretaker government promulgated two ordinances in April 2007 amending the code of criminal procedure to separate the judiciary from the executive.
In the rule, the HC said the CrPc (amendment) Ordinance 2007 was not passed in parliament in 30 days after it was placed in the House.
The ordinance expired on February 24, according to section 93 of the constitution which says any ordinance will cease to have effect if not passed in the parliament in 30 days after the session begins.
During hearing of the writ petition, the HC bench sought opinions from advocate Mahmudul Islam and Dr M Zahir, who were members of the government-formed special committee on the ordinances.
They told the court that they suggested passage of the ordinance in parliament.
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