Jumbangla Desk: The High Court has declared the Minister's power to make a single decision on procurement matters illegal and unconstitutional and no action can be questioned in court under Section 9 of the Quick Rental Electricity and Energy (Special Provisions) Act, 2010. As a result, the minister's power to make a single decision on procurement matters was abolished. Now the government can renegotiate the contract with the rental power plants if it wants.
The High Court bench of Justice Farah Mahbub and Justice Debashish Roy Chowdhury announced the verdict on Thursday (November 14).
Earlier, two Supreme Court lawyers had filed a writ in the High Court challenging the validity of Section 6(2) on exemption from liability on quick rental and purchase.
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In the writ, 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 have been made defendants. A rule is sought as to why Sections 6(2) and 9 of the Act should not be declared without statutory authority.
