HC declares quick rental plant indemnity unlawful

In a landmark decision, the High Court has ruled that the indemnity provision outlined in Section 9 of the Quick Rental (Special Provisions) Act, 2010 is unlawful. 

This decision came on Thursday (November 14) from a bench comprising Justice Farah Mahbub and Justice Debashish Roy Chowdhury.

Lawyer Dr Shahdeen Malik represented the petitioners in court, supported by Barrister Sinthia Farid. The petition, filed earlier this year, challenged the validity of two key sections of the Quick Rental (Special Provisions) Act—Section 6(2) on “Publication of Plans or Proposals” and Section 9 concerning the “Abolition of Jurisdiction of Courts.” 

Supreme Court lawyers Shahdeen Malik and Md Tayyib-ul-Islam spearheaded the legal action.

The Quick Rental (Special Provisions) Act was initially passed on October 12, 2010, designed to expedite the establishment of quick rental power plants. 

However, Section 6(2) permitted the Processing Committee, with approval from the Ministry of Power, Energy, and Mineral Resources, to nominate companies through limited negotiation rather than open tender, subject to cabinet approval.

The crux of the ruling focused on Section 9, which sought to shield decisions made under the act from judicial review, effectively barring courts from questioning the validity of any actions, orders, or directions taken under its provisions. 

This immunity provision was deemed illegal by the High Court, underscoring the judiciary’s role in safeguarding transparency and accountability in government actions.