Metropolitan Magistracy

The problem in Dacca metropolis having an area of about 112 square miles and a population of over two million are somewhat different from other parts of the country. Crimes like robbery, decoity, murders, kidnapping, hijacking etc. take place in the city with the criminals using more sophisticated weapons. Apart from the density problems the considerable size of the floating population poses problems for the maintenance of law and order in the city. For this, it was necessary to establish Metropolitan Police and Magistracy towards meeting the crying need for expeditious apprehensions of criminals and dispose of all criminal cases.

With this end in view, recently the Dacca Metropolitan Magistracy has started functioning with a Chief Metropolitan Magistrate and five other Magistrates with powers of the First class Magistrates. The Magistracy has to discharge judicial functions for trial of all cases under the Criminal Procedure Code excepting section 144 of the Code, which is exercisable only by the Deputy Commissioner. The Magistracy has no executive function and the concerned magistrates are vested with judicial responsibilities only. Similiar Magistracy has started functioning at Chittagong. The Magistrates of the Metropolitan Magistracies are Special Magistrates and try offences under the provisions of the criminal procedural law.

a rule nisi'2 is issued to the respondent and the matter is decided on affidavits of the parties. In disputed facts, which require calling of evidence or where there is alternative remedy, the Court usually declines to interfere. Writ matters are disposed of by declaration, Injunction or quashment of the proceedings as the relief may require.

Special and Statutory Jurisdiction

The High Court Division has some special and statutory jurisdictions. Important among them are, Admiralty jurisdiction relating to proceedings exercised under the Courts of Admiralty Act, l89l,' Statutory Jurisdiction under the Company Law, Banking Companies Ordinance, and reference under the Law relating to Income-tax,'5 and other Tax-Statutes. Under Original and Statutory jurisdiction, the High Court Division deals mostly with company matters in which are now included sails and proceedings arising under the Banking Companies Ordinance, 1962. The Court's procedure in these types of cases is principally regulated by Rules of the High Court Division.

Criminal Jurisdiction

Appellate Power In its appellate power, the High Court Division decides appeals from the order of conviction passed on trial by Court of Sessions presided over by a Session Judge or an Additional or Assistant Sessions Judge. This appeal is know as first appeal. So long, it was only the Government who could present an appeal to the High Court Division against an original or appellate order of acquittal passed by any other court. The High Court Division was the only forum where such an appeal could be presented. On the report of the Law Committee, 1976, the criminal appellate jurisdiction of the High Court Division has been modified. Now the right to prefer an appeal against an order of acquittal has also been given to the complainant in a case instituted on complaint.

Revisional Power:         The revisional power of the High Court Division is very extensive. There is no form of judicial injustice which the High Court Division, if need be, cannot reach. The revisional power is of supervisory nature and is exercised in order to correct miscarriage of justice arising from misconception of law, irregularity of procedure, neglect of proper precautions or apparent harshness of treatment which results in some injury to public interest or undue hardship to individuals. In criminal revision, the High Court Division may call for and examine the record of any inferior court for the purpose of satisfying itself, as to the correctness, legality of the finding, sentence or order and the regularity of any proceeding before such inferior court. The revisional power is discretionary and is used to further the ends of justice.

Inherent power:            In order that justice may not suffer, the High Court Division can exercise its inherent power. This extraordinary power is used 19 see that real and substantial justice is done, and to give effect to any order under the Law of Criminal Procedure. The inherent powers may be exercised in stopping proceedings at an interlocutory stage when there is abuse of process of the Court.