Executive magistrates can't hold trial of children: HC

The High Court in a verdict said mobile courts do not have any jurisdiction to conduct trial of the children's cases.

"We have not found anything in the Mobile Court Act, 2009 which has empowered the executive magistrates to conduct trial of a child accused. Rather, the Children Act, 2013, being the subsequent special law, the provisions of the same will override in case of any conflict of it with the Mobile Court Act, 2009," said the verdict.

"Therefore, when the said Children Act, 2013 has provided special procedure for dealing with and trial of the children under the age of 18, Mobile Court Act cannot confer jurisdiction on the executive magistrates even to deal with the said children, not to speak of conducting their trial," also read the verdict.

Following a news report, the HC bench of Justice Sheikh Hassan Arif and Justice Md Mahmud Hassan Talukder issued a rule on a Suo Moto (voluntary) move on October 31 last year and after hearing on the rule the bench delivered the verdict on March 11 this year.

The full text of the verdict was released on Wednesday night on the Supreme Court website after judges of the HC bench signed it.