Indemnity in Quick Rental is Illegal: High Court
The High Court has declared the provision of indemnity in Section 9 of the Quick Rental (Special Provisions) Act, 2010, illegal. Earlier, the High Court had fixed the verdict for Thursday, November 7, after hearing the rule seeking to know why the act should not be declared illegal and unconstitutional.
On Thursday (November 14), the High Court bench of Justice Farah Mahbub and Justice Debashish Roy Chowdhury gave the verdict after holding the final hearing on the writ filed challenging the indemnity provision.
The work done under this act cannot be questioned in any court and the rule issued on the issue of the minister's sole decision to enter into an agreement was declared appropriate. Now the government can reconsider the agreement with the rental-based power plants if it wants.
Dr. Shahdeen Malik filed the writ in the court. Barrister Cynthia Farid was with him.
According to Sections 9 and 6 (2) of the Electricity and Energy Rapid Supply Increase (Special Provisions) Act-2010, no application or case can be filed in court to question any activity of rental and quick rental power plants. After the initial hearing on the writ filed challenging these two sections, the High Court bench of Justice Farah Mahbub and Justice AKM Rabiul Hasan issued the rule on Monday, September 2. The High Court gave its verdict today after the final hearing on this rule.
The writ stated that the government is being forced to repeatedly increase electricity prices due to abnormal costs and irregularities in rental and quick rental power plants. However, the law has been made to legalize those irregularities. No trial can be sought for these irregularities in the future - it is against the public interest and is in conflict with the Constitution.
After issuance of the rule, Dr. Shahdin Malik told reporters that the 'Electricity and Energy Rapid Supply Increase (Special Provisions) Act-2010' is commonly known as the Quick Rental Act. I have challenged the constitutional validity of Sub-section (2) of Section 6 and Section 9 of the Act.
Section 6 states that the Minister of Energy can, at his sole discretion, negotiate with any individual or company and sign a contract for the production of electricity with them. Here, the Minister has been given the power to sign a contract with whomever he wants, for as much money as he wants, at his sole discretion.
And Section 9 of the Act stated that questions regarding who has been given the contract and how much money the contract is being made cannot be taken to court.
Stating that both sections are violations of the Constitution, the lawyer alleged that due to the misuse of the two sections, thousands of crores of taka of the state were wasted in the name of Quick Rental's power plant during the tenure of the previous government.