HC concludes hearing on Ctg New Mooring terminal contract, to deliver verdict on 4 Dec
Earlier, on 20 November, the High Court had ordered a temporary suspension of all activities related to the NCT contract pending resolution of a writ petition.
The High Court has concluded hearings on a rule challenging the legality of awarding the New Mooring Container Terminal's (NCT) contract at Chattogram Port to a foreign company, with its verdict scheduled for announcement on 4 December.
A bench comprising Justice Fatema Najib and Justice Fatema Anwar conducted the hearing today (25 November) and set the date for the ruling.
Earlier, on 20 November, the High Court had ordered a temporary suspension of all activities related to the NCT contract pending resolution of a writ petition filed by Mirza Walid Hossain, president of the Bangladesh Young Economists Forum.
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The petition questions the legality of awarding the contract to a foreign firm. Respondents include the Shipping secretary, the Chittagong Port Authority chairman and the Public Private Partnership (PPP) Authority CEO.
In today's hearing, Senior Advocate Ahsanul Karim argued against the government proceeding with the contract. He said the PPP Act 2015 is a special law, and Section 3 of the Act gives it overriding authority. The Act does not envisage or accommodate the present circumstances under the current interim government.
He said that the law is intended only for a government operating under a parliament. Section 2(25) of the Act defines "Cabinet" as "the Cabinet Committee on Economic Affairs according to Rule 18 of the Rules of Business 1996." Therefore, there is no basis for assuming that the Chief Adviser can step into the position of a Prime Minister, he argued. "This government has no lawful authority to take any decision under this Act."
Another lawyer for the writ petitioners, Barrister Kayser, told reporters that political parties including the BNP and Jamaat-e-Islami have always opposed handing over ports to foreign entities. "We believe that decisions concerning Chattogram Port should be left to an elected government."
After the court fixed a date for delivering the verdict, Attorney General Md Asaduzzaman told reporters that a "hullo biral" (a disruptive third party) is working behind the petitioner who challenged the legality of the agreement between the port authority and a foreign company for operating the New Mooring Container Terminal (NCT) of Chattogram Port.
He said, "A hullo biral is sitting behind the petitioner regarding the port issue, dealing in money. With their own interests at stake, they are coming forward pretending to speak for public interest."
