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Home Court Report

Why gazette notification not be declared illegal: HC

Price hike of fuel oil

pobnews24 by pobnews24
August 16, 2022
in Court Report
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POBNEWS24, Dhaka Aug 16, 2022 : High Court in a rule has sought explanations as to why the gazette notification hiking the prices of fuel oil will not be declared illegal as it has been done out of the jurisdiction.

The court also wants to know why directives will not be given to cancel the gazette notification.

A bench comprised of justice Md Mozibur Rahman Miah and justice Kazi Md Ejarul Haque Akondo on Tuesday issued the rule after hearing a writ petition over fuel oil hike price.

Defendants including power and energy secretary, Bangladesh Energy Regulatory Commission chairman have been asked to respond the rule.

The power and energy resources division issued a gazette notification on 5 August over the adjustment of price of diesel, petrol and octane.

On 8 August, Supreme Court lawyer Md Yunus Ali Akanda filed a writ challenging the legality of the gazette notification ‘unusual price hike of fuel oil’. A hearing was held over the writ on 14 August and on the day, 16 August was fixed for the next hearing.

Lawyer Yunus Ali Akanda himself conducted the hearing in favour of the writ while deputy attorney general Arbindo Kumar Roy represented the state.

Lawyer Jyotirmoy Barua filed more than one writs over the price hike of gas, electricity and petroleum on behalf of Consumer Association of Bangladesh (CAB) and he also joined the hearing.

In the hearing, Yunus Ali Akanda said provisions of Bangladesh Energy Regulatory Commission (BERC) law have been violated. As per the law, mass hearing has to be organised and BERC will fix the price. But the government has fixed the price.

Lawyer Jyotirmoy Barua said there is no scope to fix the price without mass hearing. The ministry has no jurisdiction to fix prices.

Deputy attorney general Arbindo Kumar Roy said rules of Bangladesh Energy Regulatory Commission (BERC) have not been approved. In accordance with the law, the commission has no scope for mass hearing. The adjustment of fuel oil price is a policy decision of the government. In the same way, price of fuel oil has been readjusted in the past.

 

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