According to the Montesquieu’s theory of separation of powers, political authority should be divided into three parts; executive, legislative and judiciary. The constitution of Bangladesh also supported this theory. But consecutive governments failed to implement this. Later the Supreme Court directed the government to separate judiciary from the executive.
Two elected governments delayed the process by taking time from the court. At the end last military backed interim government implemented this.
The executive magistrates were not happy with this.
Deputy Commissioners of 64 districts reiterated their demand of getting back the summary trial authority from a three day long annual conference at Dhaka.
At present the executive magistrates can’t take cognizance of offence. So they can punish only if someone admits.
Deputy Commissioners believe they need summary trial power to maintain law and order.
But the law minister Shafique Ahmed cleared; they can’t do anything which contradicts the constitution and the direction of the High Court.
