HC questions legality of fuel price hike

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Staff Reporter :
The High Court has questioned the government move of recording price hike of diesel, kerosene, octane and petrol.
The court on Tuesday issued a rule asking the concerned bodies of the government to explain as to why the notification issued by the Ministry of Power increasing the fuel prices should not be declared illegal. It also wanted to know from the respondents to explain as to why the respondents should not be directed to cancel or withdraw the notification.
The High Court bench of Justice Md Mozibur Rahman Miah and Justice Kazi Md Ejarul Haque Akondo passed the order after hearing on a writ petition filed challenging the legality of the government decision of fuel price hiking.
Secretary of the Ministry of Power, Chairman of the Bangladesh Energy Regulatory Commission (BERC) and other respondents have been asked to comply with the rule within four weeks.
The government on August 5 hiked fuel prices up by to 51.7 percent, the highest in the country’s history, adding to the plight of common people already struggling to cope with the rising cost of living.
As per the new prices that took effect at 12:00am on August 6, a litre of octane now costs Tk 135, which is 51.7 percent higher than the previous rate of Tk 89. Similarly, each litre of petrol now costs Tk 130, a rise of Tk 44 or 51.1 percent, said a press release from the Ministry of Power, Energy and Mineral Resources.
The price of each litre of diesel and kerosene has reached Tk 114 from Tk 80.
Supreme Court lawyer Dr Eunus Ali Akond filed a writ petition on August 8 challenging the legality of the government decision of price hiking of diesel, kerosene, octane and petrol. The petition sought stay order from the court upon the effectiveness of the notification issued on August 5 increasing the price of the fuel energy.
After holding hearing on the petition the court on Tuesday passed order.
Advocate Eunus Ali Akond and Barrister Jyotirmoy Barua appeared in the court hearing in support of his petition, while Deputy Attorney General Arabindo Kumar Roy represented the state.
In the court hearing lawyer Eunus Ali Akond said, “Price hiking by the ministry’s notification has violated the provisions of the Bangladesh Energy Regulatory Commission (BERC) Act. The law has provided a provision of holding a public hearing before rescheduling the fuel prices and the price will be determined by the BERC. There was no public hearing in fixing the new prices and the prices were set by the government.”
Barrister Jyotirmoy Barua said, “There is no scope to hike fuel price without holding a public hearing. The ministry has no jurisdiction to fix the price of the fuel.”

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