A Critical Evaluation of Mobile Court Act 2009: How Mobile Court Demolishes Separation of Judiciary and Other Constitutional Principles of Bangladesh

Abstract

Separation of power is a key for the independence of people. Though this principle has not been accepted by the framer of constitution of Bangladesh. Nevertheless separation of judiciary is adopted by the maker of constitution.  Judiciary is a place to restore the claims of the people of a country.  But it cannot make people happy if it is not independent. The principle of separation of judiciary has been violated by various approaches.  One of them is Mobile court. Mobile court is a forum which goes to the threshold of public in order to give prompt relief. It has reversed the general rules of judicial system. Though this fact claims appreciation for delivering justice. But it has been criticized as it is conducted by executive. This paper shows how mobile court infringed article 22 of constitution.  It also shows how other principle of constitution is violated. Finally it gives some suggestion for the improvement of the situation.