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HC orders review of power deals with Adani Group

The High Court has ordered the authorities concerned to form a high-powered committee to review all the power contracts signed by the Awami League government with India’s Adani Group and submit a report within two months.

The HC bench of Justice Farah Mahbub and Justice Debashish Roy Chowdhury passed the order on Tuesday after the hearing of a writ petition filed by Supreme Court lawyer M. Abdul Qaiyum who sought the cancellation or revaluation of the deal, claiming it to be unfair.

It also instructed the submission of all documents related to the power purchase deal between the Power Division and Adani Group within the next month.

The court issued a rule seeking explanation as to why the deal which is critised as unfair and against the country’s interests should not be annulled.

The court ordered inclusion of internationally renowned energy and legal experts in the high-powered committee to review the deal in detail.

Besides, the court ordered the relevant authorities to form another committee to investigate the process of the agreement’s execution and submit a report to the court.

During the hearing, lawyer M. Abdul Qaiyum, lawyers Mohammad Moniruzzaman, Afrroza Firoz, and Kamrun Mahmud stood for the petitioner.

Earlier, on November 6, Abdul Qaiyum sent a legal notice to the Chairman of the Power Division and the Secretary of the Ministry of Energy, Power and Mineral Resources seeking that the process of amending the agreement begin within three days.

The notice warned that if the issue was not addressed, a writ petition would be filed in the High Court seeking necessary directives.

After no response to the legal notice, the writ petition was filed, urging the government to revise the terms of the agreement on the grounds of fairness, equity, and national interest. The petition also sought the annulment of the agreement if the Adani Group refused to make the changes.

The government signed a 25-year power purchase agreement (PPA) in November 2017 with Adani Power under an unsolicited offer, to buy electricity from its 1600 MW power plant in Godda of Jharkhand. It started importing electricity from the plant in April 2023.

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