A writ petition has been filed with the High Court challenging the legality of section 9 of the Quick Enhancement of Electricity and Energy Supply (Special Provision) Act 2010.
Two Supreme Court lawyers filed the writ petition with the concerned branch of the High Court on Monday.
The petition states that the act violates several constitutional provisions, including Articles 7, 21, 26, 27, 31, 42, 44, 46, 143, and 145.
Section 9 of the Quick Enhancement of Electricity and Energy Supply (Special Provision) Act 2010, says no question shall be raised before any court as to the validity of any act, or any act deemed to have been done, any action taken, any order or direction given, under this act.
Section 6(2) of the act says that notwithstanding anything in sub-section (1), any procurement, investment plan, or proposal must be communicated and negotiated with a limited number or a single institution, as designated by the processing committee mentioned in section 5. The proposal must then be forwarded to the economic or government procurement cabinet committee following the procedure described in section 7.
The writ names the secretary of the Legislative Drafting Division of the Ministry of Law, the secretary of the Ministry of Finance, the secretary of the Ministry of Power, Energy and Mineral Resources, the chairman of Petrobangla, and the chairman of the Power Development Board as respondents.
The petition seeks a rule as to why sections 6(2) and 9 of the act should not be declared illegal.