HC judgement on quick rental law Nov 14

The High Court had fixed November 14 for delivering the verdict on a writ petition that challenged the constitutionality of two sections of the quick rental law.

An HC bench of Justice Farah Mahbub and Justice Debasish Roy Chowdhury set the date on Thursday, concluding the hearing on the petition.

The HC issued the rule following a writ petition filed by Supreme Court lawyers Dr Shahdeen Malik and Md Tayeb-Ul-Islam Showrov challenging the legality of sections 9 and 6(2) of the Quick Enhancement of Electricity and Energy Supply (Special Provisions) Act, 2010.

According to the plea, 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 sole authority to approve electricity purchase plans.

On September 2 this year, the HC asked the authorities concerned of the government to explain why sections 9 and 6(2) of the Quick Enhancement of Electricity and Energy Supply (Special Provisions) Act 2010 should not be declared unconstitutional.

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.