Fuel Price Rise

File photo High Court

Why fuel price hike through gazette notification should not be illegal: High Court

On Tuesday (August 16), a High Court bench of Justice Md. Mojibur Rahman Miah and Justice Kazi Md. Izarul Haque Akander issued this rule after hearing a related writ. The Energy Secretary, Energy Deputy Secretary, and BERC Chairman have been asked to respond to the rule within the next four weeks. Advocate Yunus Ali Akand and Barrister Jortimoy Barua heard on behalf of the writ in the court. Deputy Attorney General Arabinda Kumar Roy appeared for the state.

Supreme Court Advocate Yunus Ali Akand filed a writ in the High Court challenging the legality of the increase in the prices of diesel, petrol, and octane on August 8.

In the hearing of the court, the petitioner-lawyer Yunus Ali Akand said that the government has violated the provisions of the Bangladesh Energy Regulatory Commission (BERC) Act by increasing the price of fuel. Because there is a public hearing on the law, then BERC can increase the price. There was no public hearing regarding the price hike. The price is set by the government. But BERC has the sole authority to raise fuel prices.

Barrister Jyortimoy Barua, another lawyer in favour of the writ, told the court that there is no opportunity to increase the price without a public hearing. Here the ministry has no jurisdiction to fix prices. The ministry has undermined BERC's powers by raising prices.

Deputy Attorney General Arabinda Kumar Roy, the lawyer of the state in the court, said that the rules of the Bangladesh Energy Regulatory Commission were not approved. That is why the commission has no opportunity to hold a public hearing here as per the provisions of the law. The increase in the price of fuel is a policy decision of the government. According to the decision of the government, the Ministry of Energy and Mineral Resources has increased the fuel price.