Dhaka, Bangladesh Global: The High Court has declared the immunity provision in Section 9 of the Quick Enhancement of Electricity and Energy Supply (Special Provision) Act, 2010. as illegal and unconstitutional.
A High Court bench comprising Justice Farah Mahbub and Justice Debashish Roy Chowdhury issued the ruling on Thursday.
The court had earlier heard a petition questioning why the immunity in Section 9 of the same act should not be declared illegal and unconstitutional, setting the ruling date for November 7.
The petition was presented by Dr Shahdeen Malik, with Barrister Cynthia Farid assisting him.
On September 2, the High Court issued a rule questioning the legality and constitutionality of the immunity provision in Section 9 of the Quick Enhancement of Electricity and Energy Supply (Special Provision) Act, 2010.
Two Supreme Court lawyers had filed a petition challenging the validity of the immunity related to quick rental and the purchase provision in Section 6(2).
Section 9 of the Quick Enhancement of Electricity and Energy Supply (Special Provision) Act 2010, says no question shall be raised before any court as to the validity of any act, or any act deemed to have been done, any action taken, any order or direction given, under this act.
Section 6(2) of the act says that notwithstanding anything in sub-section (1), any procurement, investment plan, or proposal must be communicated and negotiated with a limited number or a single institution, as designated by the processing committee mentioned in section 5. The proposal must then be forwarded to the economic or government procurement cabinet committee following the procedure described in section 7.
The writ names the secretary of the Legislative Drafting Division of the Ministry of Law, the secretary of the Ministry of Finance, the secretary of the Ministry of Power, Energy and Mineral Resources, the chairman of Petrobangla, and the chairman of the Power Development Board as respondents.
Bangladesh Global/JS
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