The hearing concluded on the rule that no action under the Quick Rental Increase of Electricity and Energy (Special Provisions) Act-2010 can be questioned in any court and the Minister's sole decision on procurement matters. The court has fixed November 14 as the day to announce the verdict in this regard.
After the hearing on this matter, on Thursday (November 7), the bench consisting of Justice Farah Mahbub and Justice Debashish Roy Chowdhury of the High Court fixed the order for the verdict.
On Thursday, the lawyer heard the writ on behalf of the court. Shahdin Malik.
Earlier, Supreme Court lawyer Shahdeen Malik and lawyer Tayyebul Islam Sourav challenged the validity of Section 6 (2) and 9 of the Act.
After the writ, Shahdeen Malik said on September 2 that this is known as the Quick Rental Act. All government purchases are made through a process called tender. But in this case the minister has been given the power to give it to whomever he wants at sole discretion. In any civilized state a minister cannot have sole power.
And it is being said that the action under this law cannot be questioned in any court. There can be no law which can oust the jurisdiction of the court. I challenged it. The court ruled for the week.
Rule sought to know why Sections 6(2) and 9 of the Act should not be declared without statutory authority.
The secretary of the legislative drafting department of the law ministry, the secretary of the finance department, the secretary of power, energy and mineral resources, the chairman of Petrobangla and the chairman of the power development board were asked to respond to the rule. The hearing on this rule ended on Thursday.
Section 9 regarding 'Abolition of Jurisdiction of Courts, etc.' of the Increase in Rapid Supply of Electricity and Energy (Special Provisions) Act-2010 states- 'Regarding the validity of any act done or deemed to be done under this Act, any measure taken, any order or direction given. The question cannot be raised before any court.'
Section 6(2) states- 'Notwithstanding anything contained in sub-section (1), with the consent of the Minister in-charge of the Ministry of Power, Energy and Mineral Resources, any purchase, investment plan or proposal referred to in section 5 shall be processed by the limited number of processing committees. or through communication and negotiation with a single organization and nominate it for that work and take steps to refer it to the Cabinet Committee on Economic Affairs or Government Procurement following the procedure described in Section 7.'