Two sections of Quick Rental Law declared unconstitutional by High Court

The High Court has ordered the government to make all power plants fully operational to meet the needs of the people and the economy. 

The court’s bench, led by Justice Farah Mahbub and Justice Debasish Roy Chowdhury, issued the directive today, emphasizing that it is in the public interest for all power plants to start working immediately.

In response to a writ petition, the High Court also declared two sections of the Quick Enhancement of Electricity and Energy Supply (Special Provisions) Act, 2010, unconstitutional. 

These sections had previously protected rental and quick rental power plants from any legal challenges.

The sections in question are Section 9 and Section 6(2) of the law. Section 9 prevents any legal questions from being raised about actions or orders taken under the law, while Section 6(2) gives the energy minister sole authority to approve electricity purchase plans without oversight or legal challenge. 

This section also requires that any electricity purchase or investment proposals be approved by the cabinet committee, following consultation with relevant institutions.

The High Court had earlier, on September 2 of this year, asked the government to explain why these two sections should not be declared unconstitutional.

The petition that led to today’s ruling was filed by Supreme Court lawyers Dr. Shahdeen Malik and Md Tayeb-Ul-Islam Showrov. They challenged the legality of the two sections. 

During the hearing, Lawyer Shahdeen Malik argued in favor of the petition, while Attorney General Md Asaduzzaman and Deputy Attorney General Md Tanim Khan represented the state.

The court‍‍`s ruling is a significant development, as it has the potential to change how quick rental power plants are managed and held accountable in the future.