The High Court has issued a rule asking why the Village Court Act, 2006 should not be declared unconstitutional and void.
The High Court bench comprising Justice Ahmed Sohel and Justice Fatema Anwar issued the rule on Monday. The concerned authorities, including the law secretary, have been asked to respond to the rule within four weeks.
Earlier, on 15 February, a writ petition was filed with the High Court challenging the constitutional validity of the Village Court Act, 2006. The writ sought to repeal the act, calling it unconstitutional. Supreme Court lawyer Advocate Ishrat Hasan filed the writ with the relevant branch of the High Court. He argued the case on behalf of the writ petition before the court.
The writ states that the exercise of judicial power through Union Parishad chairmen and members contravenes the principle of separation of the judiciary from the executive and the independence of the judiciary as outlined in Article 22 of the constitution. Conducting judicial proceedings on criminal and civil matters through politically involved elected representatives undermines the fundamental structure of justice.
The petitioner claims that under Article 35(3) of the constitution, every citizen has the right to a trial before an independent and impartial court. However, Village Courts lack trained judges, do not fully apply evidence law and procedures, and have limited participation of lawyers. As a result, the constitutional guarantee of justice is being hindered.
