Dhaka, Nov 14 (V7N) — In a landmark ruling, the High Court has declared the exemption from liability granted in the quick rental power sector under Section 9 of the Special Act on Increasing the Rapid Supply of Electricity and Energy, 2010 as illegal. The verdict was delivered by the High Court bench comprising Justice Farah Mahbub and Justice Debashish Roy Chowdhury.
The court held that Section 9 of the Quick Rental (Special Provisions) Act, which allowed exemption from liability, is unconstitutional. Additionally, it ruled that the minister's authority to make unilateral procurement decisions under Section 6 is also unlawful. This decision arose from a rule issued by the High Court on September 2, questioning the legality of these provisions in the act, which was originally enacted to expedite the supply of electricity and energy.
The case was brought forward by two Supreme Court lawyers who filed a writ petition challenging Section 6(2), particularly regarding immunity and procurement in quick rentals. Dr. Shahdin Malik represented the petitioners in court, with Barrister Cynthia Farid also in attendance.
The High Court had initially set November 7 as the date for delivering the verdict after reviewing the rule. The ruling has sparked discussions on the legality of emergency provisions in power sector policies, especially those that bypass standard accountability measures in government procurement processes.
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