Two provisions of a special law that absolve rental-and quick-rental power plants of legal bindings now come under question from the High Court on a challenge against their legality.
The High Court Monday questioned the legality of two provisions of the 'Quick Enhancement of Electricity and Energy Supply (Special Provisions) Act 2010' and issued a rule asking for government explanation.
The court issued the rule upon the relevant government bodies to explain as to why the Sections 6(2) and 9 of the act "should not be declared unconstitutional".
Finance Secretary, Law Secretary, Power Secretary and Petrobangla Chairman have been asked to comply with the rule within four weeks.
According to Sections 6(2) and 9 of the 'Quick Enhancement of Electricity and Energy Supply (Special Provisions) Act 2010' no one can question in court the establishment and operations of rental and quick-rental power plants.
The High Court bench of Justice Farah Mahbub and Justice AKM Rabiul Hassan passed the order after hearing a writ petition challenging the indemnity that resulted in some entrepreneurs making a fast buck.
Supreme Court lawyers Dr Shahdeen Malik and Tayeb-Ul-Islam Showrov filed the writ petition on August 27 this year challenging legality of the two sections of the act.
In the petition they have stated that the two provisions of the act contravene the articles 7, 21, 26, 27, 31, 42, 44, 143 and 145 of the constitution.
The two petitioner-lawyers moved the petition in the court.
The Quick Enhancement of Electricity and Energy Supply (Special Provisions) Act was framed with an aim to ensure uninterrupted power supply to different parts of the country at any cost.
The law allows for taking up projects without tenders to increase the production and supply of electricity on an emergency basis. Besides, it also incorporated a provision that "no decision taken under this act can be challenged in court".
The tenure of the special provisions of the law, enacted in 2010, was extended several times. For the last time in September 2021, the cabinet cleared a proposal extending the tenure of the law for another five years until 2026.
Controversial provisions of the law were widely criticized at that time. Energy and legal experts then said this law was enacted to give special benefits to some people.
Tenure of the act was kept for five years at the time of its formulation, but later it was extended time and again. The interim government formed after the fall of Sheikh Hasina government in the face of the student-mass movement made a decision on August 18 suspending the law for indefinite period.
[email protected]
