The High Court (HC) has issued a rule upon the government to ensure transparency and accountability in procurement.
The HC bench of Justice Md Mozibur Rahman Miah and Justice Md Kamrul Hossain Mollah issued the rule on Monday (January 10) following a writ petition.
The HC bench issued the rule to the government concerned asking as to why Rule 37 (4) of the Public Procurement Rules, 2008 won’t be declared illegal, unconstitutional and void. The court issued the rule to ensure transparency and accountability in procurement activities at all levels of government.
Secretary of Law Ministry, Secretary of Power, Energy and Mineral Resources Ministry, Secretary of Power Division, Managing Director of Dhaka Electric Supply Company Limited and other concerned were made respondents to the rule.
They were asked to respond to this rule within the next four weeks.
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Barrister Mohammad Humayun Kabir Pallab confirmed the matter to the media. He said that the HC bench issued the rule after a preliminary hearing of the writ petition filed by Engineer SM Al Imran.
Barrister Humayun Kabir Pallab appeared for the writ petitioner in the court. He was assisted by Barrister Mohammad Majeedul Quader.
Barrister Humayun Kabir Pallab said that Engineer SM Al Imran’s Power Alliance along with other contractors also participated in the tender invited by Dhaka Electric Supply.
Engineer SM Al Imran, proprietor of Power Alliance, applied for some information submitted by the company which received the work order after the tender evaluation committee had given the work order to a firm named MM Enterprise.
However, the DESCO authorities refused to provide it by attaching the provisions of Rule 37 (4) of the Public Procurement Rules.
The lawyer said that under this provision, it is prohibited to disclose any information of any type of contractor participating in any tender related to government procurement to any other contractor. This is also contradictory to the provisions of the Public Procurement Act, 2006.
It is also against the fundamental rights of the participating contractors and citizens and against transparency and accountability in government procurement activities. That provision is also contradictory to the Right to Information Act. For this reason, Engineer SM Al Imran filed the writ petition.
