The High Court declared on Thursday that the mobile courts run by executive magistrates illegal and unconstitutional.
The court, however, condoned all conditions and sentences delivered by such courts.
The HC bench of Justice Moyeenul Islam Chowdhury and Justice Ashish Ranjan Das also directed the government to refund Tk 10 lakh to M Mujibur Rahman, who was fined by a mobile court in 2011, in 90 days.
Following the petitions filed by several persons including one Kamruzzaman Khan, the HC in 2011 and 2012 issued separate rules asking the government to explain why the provisions of the Mobile Court Act, 2009, that empower executive magistrates to exercise judicial powers through mobile courts should not be declared unconstitutional.
Mobile courts, which are constituted under the Mobile Court Act, 2009, are empowered to try a number of petty offences including illegal assembly, public nuisance and illegal connection of electricity, water and gas, and to supervise examination centers.
The government has replied to the HC rule, saying that there is a necessity of running mobile courts by the executive magistrates to punish the offenders on the spots and to prevent them from committing the offences.
The writ petition was filed on October 11 of 2011 by real estate businessman Kamruzzaman Khan, who was convicted by a mobile court, stating that those provisions of the act that empower executive magistrates to exercise judicial powers are against the fundamental structure of the constitution..