HC asks why rental, quick rental power plants acquitted from legal bindings

The High Court has issued a rule asking why the provision that acquits rental and quick rental power plants from any questioning regarding establishment and operations should not be declared illegal.

According to Sections 9 and 6(2) of Power and Energy Quick Supply (Special Power) Act-2010, no one can question the establishment and operations of rental and quick rental power plants in the courts.

An HC bench of Justice Farah Mahbub and Justice AKM Rabiul Hassan issued the rule today (2 September) after conducting a preliminary hearing on a writ filed challenging the two sections of the Quick Rental Act.

The HC has asked the secretary of the legislative drafting department of the law ministry, secretary of finance division, secretary of power, energy and mineral resources ministry and chairman of Power Development Board to respond to the rule within four weeks.

The writ was filed by lawyers Dr Shahdeen Malik and Tayeb-Ul-Islam Showrov, who were present at the court during the hearing.

In the writ, the lawyers said the government had to increase power prices due to excessive expenses and anomalies at the rental and quick rental power plants.

"The Quick Rental Act has been in force to justify these anomalies. The provision that no one can seek justice against such corrupt practices is against public interest and contrary to the constitution," the writ said.

Meanwhile, Section 9 of the Quick Rental Act says that no decision or activity committed or taken under this act can be questioned in court, while section 6(2) of the act 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.