Dhaka, Mar 06 (V7N) –Review of the contracts for seven major power plants—including Adani—signed between 2009 and 2024 during the Awami League regime has not been completed even after six months.

 

The committee, headed by retired Justice Mainul Islam Chowdhury, was formed on September 5 by the Ministry of Power, Energy and Mineral Resources.

Sources indicate that after initially identifying several irregularities in the contracts, the committee recommended assigning a legal and investigative agency to assist in reviewing the 2009 licenses issued during the Awami League regime.

On November 26, the power sector contract review committee met with the interim government's chief advisor, Dr. Muhammad Yunus, and upheld this recommendation.

However, an international expert firm has still not been appointed. As a result, the National Review Committee said that the contract may be deemed irregular or that the recommendation process could be delayed.

Last week, a member of the treaty review committee, speaking on condition of anonymity, told the media that the committee is gathering evidence which could lead to a review or annulment of the treaty in accordance with international arbitration law and procedures. It was recommended that one or more top-notch international legal and investigative agencies be immediately involved to assist the committee. This would ensure that the investigations meet international standards and are admissible in international negotiations and arbitration.

Despite these recommendations, no expert lawyer or international law firm has been appointed yet. The irregularities found by the committee may have to be referred to arbitration or litigation. In that case, it was recommended to immediately involve international legal and investigative agencies to validate the findings. It is crucial that any such agency have prior experience in handling similar cases.

Farhana Momtaz, secretary (Power Division) of the Ministry of Power, Energy and Mineral Resources, could not be reached for comment despite several attempts.

Last December, Muhammad Fauzul Kabir Khan, Advisor on Power, Energy and Mineral Resources, told Reuters that the Bangladesh government would renegotiate the power contract with Adani. He stated, "If any inconsistencies are found in the contract, it will be renegotiated. If evidence of serious irregularities such as corruption or bribery is found, the contract will be canceled."

Adani contract review committee not formed even after three months 

Although the High Court directed the formation of a high-powered committee comprising internationally renowned energy and legal experts to investigate the government's power purchase agreement with Jharkhand-based Adani Power Limited, the committee has not been formed even after three and a half months. No significant progress has been observed in forming the committee.

According to reports, multiple writ petitions were filed in November demanding that the Adani deal be declared illegal. In response, on November 19, the High Court directed the Secretary of Energy and Mineral Resources to form a high-powered committee comprising internationally renowned energy and legal experts to investigate the government's power purchase agreement with Adani Power (Jharkhand) Limited.

The committee was instructed to submit a detailed report to the High Court within two months of its formation. The relevant government authorities were also asked to submit documents related to the process of agreeing within the same period. Additionally, a rule was issued in November last year to determine why the High Court should not declare the agreement with the Adani Group invalid. The next order in this regard is scheduled for February 25 this year. However, even after three months since the High Court's order, an international expert has not yet been appointed, and no report has been submitted to the court.

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