HC hearing on Adani power deal today

The High Court will hear a writ petition today challenging the legality of the government's power purchase agreement with Adani Power (Jharkhand) Limited, signed on November 5, 2017.

The HC bench of Justice Farah Mahbub and Justice Debasish Roy Chowdhury fixed the date after petitioner Barrister Md Abdul Qaium sought an urgent hearing.

Barrister Qaium, a Supreme Court lawyer, filed the petition as public interest litigation on November 12, seeking a directive for the termination of the agreement between Bangladesh Power Development Board (BPDB) and Adani (Jharkhand) Ltd if the latter refuses to renegotiate fairer terms.

He alleged the deal is "fraudulent, unconscionable, and against public policy."

The petition claims the agreement violated Section 13 of the Procurement Act, 2006, which mandates transparency and competition in government procurement processes. Qaium argued that the deal disproportionately benefits Adani at the nation's expense.

Previously, on November 6, Qaium issued a legal notice to the BPDB chairman and the energy ministry secretary, urging a review or cancellation of the agreement within three days. He noted that experts have raised concerns that Bangladesh would pay significantly higher prices for lower-grade coal under this deal compared to other coal-based power projects.

The coal, sourced from an Adani-owned mine in Australia, will be transported to an Adani-owned port in India before being shipped to the Godda power plant, all at Bangladesh's expense, the petition added.