The High Court on Monday issued a rule questioning the legality of a law that granted indemnity for actions taken by the overthrown Awami League government in the procurement of power and energy during its 15-year tenure.
The bench of Justice Farah Mahbub and Justice AKM Rabiul Hassan directed the government authorities to respond to the rule within four weeks.
The court sought responses from the secretaries of the ministries of law, finance, and power, energy and mineral resources, as well as the chairmen of Petrobangla and the Bangladesh Power Development Board in this regard.
The rule was issued following a writ petition filed by senior lawyer Shahdeen Malik and his junior colleague Tayeb-Ul-Islam Showrov on August 28, citing public interest.
The petitioners specifically challenged the constitutionality of Sections 6(2) and 9 of the Speedy Power and Energy Supply (Special) Act 2010.
Arguing the case himself, Shahdeen Malik contended that Section 6(2) of the Act permits the power and energy ministry to present procurement proposals to the purchase committee with the approval of the energy minister, bypassing usual procedures.
Section 9 of the Act provides blanket indemnity by barring any legal challenges to actions, orders, or directives issued in the interest of power and energy supply, which are contrary to the Article 46 of the constitution, he argued.
Article 46 of the Constitution empowers the parliament to enact laws that grant indemnity to individuals serving the Republic, or any other person, for actions taken in connection with the national liberation struggle or the maintenance or restoration of order in any area of Bangladesh.
This provision also permits the parliament to validate any sentence, punishment, forfeiture, or other acts performed in such contexts.
However, Shahdeen Malik argued that this constitutional provision does not extend to indemnifying actions related to the procurement of quick rental power and energy, as these activities fall outside the scope of what Article 46 was intended to cover.聽
This, according to Shahdeen, effectively removes judicial oversight and accountability from significant financial decisions.
He said that the Act, originally passed in 2010 to expedite energy procurement, has been extended multiple times 鈥� first in 2015 for four years, then in 2018 for another three years, and in 2021, for an additional five years.
Shahdeen said that the 2021 amendment further legitimised the quick rental and rental power procurement process until 2026, extending the Act鈥檚 influence to a total of 16 years since its inception.
Shahdeen Malik argued that the combined effect of Sections 6(2) and 9 has led to substantial financial losses for the public, amounting to over Tk聽1 lakh crore.
He asserted that the losses will persist unless the contracts under the Act are either canceled or renegotiated.