HC declares 2 provisions of quick rental law 'illegal'

The High Court (HC) on Thursday declared two provisions - one giving quick rental power plants immunity from legal bindings and another giving energy minister the sole authority to approve electricity purchase plans, of the quick rental law illegal.

A HC Division Bench of Justice Farah Mahbub and Justice Debasish Roy Chowdhury passed the judgment, declaring absolute a rule it issued on 2 September. The court in the rule had asked authorities concerned to explain as to why those two provisions shall not be declared illegal.

Earlier on 7 November, the HC set today, Thursday to pronounce the judgment in the case.

The court had issued the rule after holding primary hearing on a writ filed by Dr Shahdeen Malik and Tayeb-Ul-Islam Showrov. The two Supreme Court lawyers filed the writ, challenging the legality of sections 9 and 6(2) of the Quick Enhancement of Electricity and Energy Supply (Special Provisions) Act 2010.

Secretary of the legislative drafting wing of the law ministry, finance division secretary, secretary of power, energy and mineral resources ministry and chairmen of Power Development Board and Petrobangla were asked to reply the rule.