In the modern world, state is an indispensable institution for ordered society and the necessity of

the government cannot be denied. At the beginning of the last century, people felt the presence of
government only in post office and police. But with the passage of time, tremendous
advancement of technology and the emerging concept of Welfare State, there has been vast
expansion of the role of the government. Today the functions of the government are, to say the
least, all pervasive. From cradle to grave a man comes face to face with one or more statutes
covering every aspect of life and all these statutes confer enormous discretionary power on the
public functionaries. Every government of the world runs its respective states upon the basis of
some laws for ensuring rule of law in the society. The sources of these laws can be the
Constitution of the state or others. These laws are framed for ensuring good governance in the
state. The Mobile Court Act, 2009 is such an act which is sufficient to maintain a stable law and
order situation in every district of Bangladesh.
The Mobile Court Act, 2009 was brought into force on February 24, 2009. Prior to this act, a
similar ordinance was passed by the caretaker government in 2007. The act contains 17 sections
which empower executive magistrates to, on the spot, take into cognizance and try for some
offences, specified in the schedule of the act to efficiently prevent crime, according to its
preamble and Section 4. It was highly appreciated when this was implemented to prevent
stalking and sexual harassment of women and adulteration of foodstuffs.
According to section 6(1) of the act, the magistrate can only try a person if the culpability falls
under the offences specified in the schedule of the act and if the magistrate catches him redhanded and if he confesses to his crime. Section 6 (3), (4) and (5) provides that if the offence is
not described in the schedule or if it is more grievous in nature, then the matter would be referred
to the formal court and the mobile court will have no authority to try the offence under this law.
In accordance with section 7(1), after taking cognisance, the magistrate will frame written charge
against the offender and ask whether he confesses to his crime and, if he doesnt, ask for
explanation. The magistrate can punish by imprisonment or fine or both if the wrongdoer
confesses. Otherwise, he cannot punish any individual under this act. Section 8(1) of the act puts
a limitation that the mobile court cannot impose more than two years of imprisonment. As per
the provision of section 13, an aggrieved person may be able to file an appeal to the district
magistrate against the decision. The act has a schedule containing a list of 101 separate laws
under which the offences will be tried. Section 16 of this act has a provision to formulate rule,
which the government has yet to do.
Mobile court creates a revolutionary change in the history of materialization of laws which is a
rudimentary and basic problem for the availability of justice in Bangladesh. Articles 18, 19 of the
constitution of the people's republic of Bangladesh specifically mentioned about protection and
preservation of public health which is in a substantially vulnerable and fragile situation. Within
this life threatening and perishing reality of life and futility of justice, the mobile court comes
with a glittering light of enforcing laws with transparency, accountability. Everybody knows that
something is wrong in the foods we usually buy from the market. But we did not know before

the active operations of mobile courts that how adulterated the foods were. Mobile courts have
done a very commendable job by unearthing the scenario whereby innocent consumers are
deceived and revealed the unscrupulous and immoral character of our business community. For
this reason the mobile courts became popular. Mobile court creates a revolutionary change to
enforce laws in the country by arranging spot and prompt judgment which rejuvenate the trust
among the citizens towards the judiciary. It is the mobile court which proves its authenticity to
bring the criminals into the books and enhance government revenue through the collection of
huge amount of compensation from the demeanors.
Mobile court echoes the very heart rendering appeal of the mainstream community of
Bangladesh through commitment, justice with equity and law, honesty and inner sanction of the
offices. Successes of mobile courts lie on the honesty and sincerity of the concerned magistrates
in many parts. Indeed it is the magistrate who plays an important role in effecting and
implementing laws and thus an honest, efficient and sincere magistrate would, for all practical
purpose be most equipped to administer the relevant laws.
Mobile courts are now dispensing their functions under various laws. With the continuous
success of initially established mobile court for the purpose of anti-adulteration drive,
Government has already expanded its area and invests powers under different laws. The mobile
courts are placed at strategic points of the city and they examine fitness of motor vehicles,
driving licences, standards of edible food items and take appropriate punitive measures on the
spot. The laws under which mobile court can perform its duties are:
1. Penal Code, 1860
2. BSTI Ordinance, 1985
3. The Pure Food Ordinance, 1956
4. Dhaka City Corporation Ordinance,1983
5. The Drug Control Ordinance, 1982
6. The Standard of Weights and Measures Ordinance, 1982
7. Fertilizer (Management) Act, 2006
8. The Special Powers Act, 1974
9. Fixation of Price and Distribution of Essential Commodities Ordinance, 1970
10. The Breast Milk Substitute (Regulation of Marketing) Ordinance, 1984
11. The Dangerous Drugs Act, 1930
12. The Trademark Act, 1940
13. Water Supply and Sewerage Authority Act, 1996
14. Dhaka Electricity Supply Authority Act 1990
15. The Protection and Conservation of Fish Act, 1950
16. The Motor vehicles ordinance 1983,
17. Tobacco control Act, 2005
18. The Electricity Act, 1910
19. Brick Burnt (Restriction ) Act,1989
20. The Gambling Act,1867
21. The Public Examinations (Offences)Act,1980 etc. are mentionable.
Besides the above mentioned laws the following fields actions taken by mobile courts got
admiration from the all walks of life.

1. Anti adulteration drive

2. Eviction of Illegal establishments
3. Collection of Arrears
4. Protection of Environment
5. Transport and Vehicle Sector
From unhygienic environment of a restaurant to formalin mixed fish, from banned polythin bags
to Jatka fish, from counterfeit cosmetics to rotten wheat, from bogus physician to date expired
life saving medicine; mobile court revealed the dishonest and utterly chaotic situation of the
business community of Bangladesh. Reputed private business firm to government owned or
managed farm (milk vita co-operative farm), no one is found dependable.
There is no definite information as to how many illegal constructions are there in government
property or establishment without legal permission. Almost all lakes in Dhaka city are occupied
even rivers are not escaped. Hundreds of millions of taka is due to the subscribers of different
government owned service providing organizations, realization of which was previously very
complicated and time consuming. DESA and WASA are now collecting their bills and cutting off
illegal and defaulters connections.
Day by day expectation towards the mobile courts is increasing in at geometrical scale. Among
them the following areas demand high degree of focus 1. Workers who work in an unlawful factory or factory which makes adulterated food are
arrested. We hope that the offences of these poor employees who dont have any choice but to
work for their survival will be considered with sympathy and get free on humanitarian ground.
2. CNG and Taxi Cab drivers always claim more money than what is due in the meter and dont
want to go everywhere. We sincerely hope that mobile court will seriously look into the matter
and take steps to arrest the trend and impose penalty.
3. The mobile courts can also play an important role if permitted by the government, in ensuring
that all classes at Govt. colleges and public universities are held regularly and in time. In this
regard educational environment of the private universities may be examined.
4. There are allegations that Government offices do not provide services they are supposed to do.
Government may empower mobile courts to find out which officer is not present in his office or
which officials are insincere in their work or wasting time by reading newspaper leaving the files
incomplete.
5. In case of Environmental protection and preservation, the mobile court can take place a vital
role.
6. Last but not the least the mobile court should come forward with pragmatic solutions of
effective law enforcement as the circumstances demand.
Mobile court brings a neo-dimension and a significant paradigm shift in the enforcement of laws
in Bangladesh for the utmost consideration of justice. For long we have seen that the aggrieved
people get delayed remedy and that the offenders punishment is not commensurate with the
degree of offence committed, in some cases they even go Scot free. Though there are various
problems lie on the way of implemention of a stable law and order situation in the district such as
no explicit provision of law, lack of logistic supports, lack of human resources etc, still mobile

court is playing an important role in ensuring a stable law and order situation in the district
through The Mobile Court Act, 2009.