After the current government came to power, electricity generation in the country increased drastically. As a result, uninterrupted electricity was supplied to urban areas and even to many remote areas. Of course, due to the recent energy crisis, it has been advised to prevent wastage in electricity consumption through various means.
One of which is schedule-based load-shedding across the country and the closing of shopping malls and other places of commerce (except shops which deal in essential goods) by 8:00pm.
Due to the extreme shortage of electricity and energy in Bangladesh, to ensure the uninterrupted supply of electricity and energy -- and to facilitate the adoption of quick, effective measures in the field of production, transmission, transportation, and marketing -- the Quick Enhancement of Electricity and Energy Supply (Special Provision) Act 2010 was formulated and passed.
The act was passed for a period of two years to deal with the electricity and energy shortage in the country, but the duration of the act was extended several times after, last extended for 5 years in 2021. Which means this law will remain in force till 2026.
What is this law's main purpose in addressing the country's electricity and energy shortage? Is it to address the electricity and energy shortage or to provide indemnity to criminals? According to section 9 of the Quick Enhancement of Electricity and Energy Supply (Special Provision) Act 2010, 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.
That means no question can be presented to any court about the validity of any order or directive towards the import of fuel for electricity or installation of power plants or any other activity in the electricity and energy sector.
But what is the reason for putting a complete blockade on going to court in these matters?
There is precedence for such indemnity being granted in some cases in the past; in those cases, the main objective was to obstruct justice -- that is to cover up significant crimes and prevent those responsible from facing trial.
So, is the purpose of this law the same as that in the past? Providing such indemnity to those concerned in the power and energy sector will cause distress to the entire sector itself, of that there is no question.
There are various opinions about whether the current state of energy generation is a result of poor policy-making on the part of the government, the corruption of those concerned, and even the instability of the international market.
Regardless of opinions, what remains true is that, without transparency and accountability in the power and energy sector, the overall development of the country will definitely be hindered. But by taking away the opportunity to litigate discrepancies in the sector, is the administration not setting a precedent for further corruption?
If there is an allegation of corruption in any action taken by the government, then a conscious citizen of the country can approach the court expecting justice. It is natural and expected. But when that legal provision is stripped away, in specific cases or otherwise, what does that say about rule of law in the country? One of the responsibilities of the judiciary is to verify the legitimacy of government policies and actions, the fact that a concerned citizen cannot go to court is contempt for the judiciary plain and simple. The sad, and ironic, thing is that those concerned in the power and energy sector have been given absolute power. That is, they don't have accountability and can do whatever they want.
Such a provision of law in a democratic state is shameful.
As per section 9 of the Quick Enhancement of Electricity and Energy Supply (Special Provision) Act 2010, no questions can be raised in any court regarding any act -- but not raising questions about this issue in the court is contrary to the Supreme Court's decision.
In the case of Siddique Ahmed vs the Government of Bangladesh (2013), the court gave a verdict that the Supreme Court never loses the power of judicial review. Since section 9 is contrary to the decisions of the High Court, these sections should be amended as per the decision of the Supreme Court.
Ensuring transparency in any sector requires accountability. By enacting the above mentioned law, the power and energy sector has been kept above accountability, which is indirectly fueling its current problems. It is necessary to amend the provision to raise questions in the court -- that is, if we want to root out corruption in this sector and bypass any future shocks when it comes to energy generation.
Md Harisur Rohoman is a student of law and human rights.
