The High Court (HC) yesterday issued a rule asking the authorities concerned to explain in four weeks why the decision of the Bangladesh Energy Regulatory Commission (BERC) to hike the power tariff at both retailer and wholesale levels should not be declared illegal.

In response to a writ petition, the HC bench of Justice Moyeenul Islam Chowdhury and Justice Md Ashraful Kamal issued the rule. The Bangladesh Energy Regulatory Commission (BERC) chairman and power secretary have been asked to reply to the rule within four weeks.

Mubassher Hossain, convener of the Consumer Association of Bangladesh Architect, filed the writ petition with the HC on May 23, saying that the energy regulatory commission had issued an order about raising the power tariff at wholesale and retail markets in violation of the related law. Barrister Jyotirmoy Barua, counsel for the petitioner, told reporters that the BERC had held a mass hearing from September 25 to October 5 last year.

According to the BERC Act 2003, the BERC had to issue an order on the mass hearing within 90 days, but it did not issue any such order. Without giving any written order, the government had illegally decided to go for a price hike, Barua said. The petitioner filed the petition with the HC as the government did not follow the rules and regulations regarding the matter before hiking the power price.

After initial hearing, the HC bench yesterday issued the rule. Much to the chagrin of consumers, rights groups and business establishments, the BERC on November 23 last year hiked the power tariff by 5.3 per cent or Tk 0.35 per kilowatt-hour unit on an average. The tariff was hiked to meet the revenue requirement of power distributors. The price hike was implemented in December last year.

The use of 75 units by households per month raised costs by Tk. 15, 100 units cost an additional Tk. 22, 150 units cost Tk. 48 more, 250 units cost Tk. 90 more, 350 units cost Tk. 137 more, 450 units cost an additional Tk. 196 and 1,000 units cost Tk. 604 more, according to the BERC’s calculation. But the removal of a minimum price meant that those using less than 15 units would receive a discount between Tk. 17 to Tk. 22.