The High Court today directed the government to make all the power plants fully operational.
The bench of Justice Farah Mahbub and Justice Debasish Roy Chowdhury ordered that all power plants become operational immediately in the interest of the people and the economy.
Responding to a writ petition, the court also declared sections of the quick rental law that prevented legal challenges "unconstitutional".
Sections 9 and 6(2) of the Quick Enhancement of Electricity and Energy Supply (Special Provisions) Act 2010 protect rental and quick rental power plants from legal challenges and give the energy minister the sole authority to approve electricity purchase plans.
Section 9 states that no question about any action done or deemed to be done, and any order or direction given under this law, cannot be raised before any court.
Section 6 (2) says that any planning or proposal related to the buying or investment decisions has to be approved by the energy minister and sent to the cabinet committee for approval after communicating and bargaining with one or more institutions following section 7 of the act.
Following the petition, the HC on September 2 this year asked the authorities concerned of the government to explain why the two should not be declared unconstitutional.
Supreme Court lawyers Dr Shahdeen Malik and Md Tayeb-Ul-Islam Showrov filed the petition challenging the legality of the two sections.
Lawyer Shahdeen Malik placed arguments on the petition while Attorney General Md Asaduzzaman and Deputy Attorney General Md Tanim Khan represented the state during the hearing earlier.
source: daily star
