HC scraps rule over writ on New Mooring foreign operator deal 

The High Court today (29 January) dismissed a rule over a writ petition challenging the ongoing process of contracting a foreign company to operate the New Mooring Container Terminal (NCT) at Chittagong Port.

State lawyers said this ruling has removed any legal obstacle to the Chittagong Port Authority proceeding with the contract.

However, speaking to TBS, one of the petitioners' lawyers, Anwar Hossain, said the High Court's single bench had discharged the rule and that an application had already been filed with the Appellate Division seeking a stay on the majority decision of the division bench. 

The latest ruling followed a split decision earlier delivered by a High Court division bench. After the split verdict, the Chief Justice referred the matter to Justice Zafar Ahmed for final disposal. 

Following hearings, Justice Zafar, sitting as a single High Court bench, discharged the rule, observing that the writ petition was premature.

In its judgement, the court said the memorandum of understanding signed between the Public-Private Partnership (PPP) Authority and DP World on behalf of the Dubai government was lawful.

The court noted that the process was being conducted under the 2017 procurement policy and the terms of the MoU. The policy allows both direct selection and tender-based processes and grants such authority under existing law. As the relevant law itself had not been challenged, the court found no legal basis to interfere.

The court also observed that no work order had yet been issued to any party, concluding that the writ petition was premature.

Senior lawyers Ahsanul Karim and Syed Mamun Mahbub, along with advocate Md Anwar Hossain, represented the writ petitioner. Additional Attorney General Aneek R Haque appeared for the state. Advocate Md Helal Uddin Chowdhury represented the port authority. Advocate Nasir Uddin Ahmed Asim appeared for Everest Port Services Limited, representing its managing director Shahadat Hossain Selim.

The dispute centres on the plan to hand over the operation of the New Mooring Container Terminal to DP World under a PPP arrangement. An MoU to this effect was signed on 17 February 2019.

Bangladesh Youth Economists Forum president Mirza Walid Hossain filed the writ last year, questioning the legality of the ongoing process between the Chittagong Port Authority and the UAE-based company. After a preliminary hearing, the High Court issued a rule on 30 July last year.

On 4 December, a division bench comprising Justice Fatema Najib and Justice Fatema Anwar delivered a split verdict. Justice Fatema Najib declared the contract process illegal, citing violations of the PPP Act 2015 and the 2017 government-to-government policy, while Justice Fatema Anwar dismissed the writ. The matter was later sent to a single bench for final resolution.

The plan triggered protests and demonstrations by political groups, professionals, and port workers.

The New Mooring Container Terminal was built in 2007, with the port authority investing Tk 2,712 crore in construction and equipment over time.

At present, the terminal is being operated by Chittagong Drydock Limited, a Bangladesh Navy-run entity, which will continue managing the facility until any handover to a foreign operator takes place.

'The matter is sub judice'

Petitioners' lawyers in a press briefing following the verdict said they sought a status quo from the court so the government cannot sign the deal before they (lawyers) can file a full appeal. The court, however, asked them to proceed with the appeal.

"Since an appeal proceeding is pending, the matter is sub judice. We hope that the government will not go ahead with the agreement which is sub judice," Said Anwar Hossain.

Sramik Dal calls two-day strike

Chattogram port's Jatiyatabadi Sramik Dal and former Collective Bargaining Agent (CBA) have announced a two-day strike protesting the government's move to lease the NCT to DP World.

Under the programme, all operational activities at Chattogram port will remain suspended from 8am to 4pm on Saturday (31 January). On Sunday, administrative activities will be shut down during the same hours. Organisers said the next phase of the movement will be announced at 5pm on Sunday.

The strike was announced at a press conference held at the Chattogram Press Club yesterday, following the High Court verdict dismissing the writ petition.

Speaking at the briefing, Chattogram Port Jatiyatabadi Sramik Dal General Secretary Ibrahim Khokon alleged that the government had completed all procedures to hand over the NCT to DP World amid nationwide political unrest.

"The country is going through election-related turmoil. Taking advantage of this situation, the government has finalised the process of handing over Chattogram port's most strategic facility to a foreign company," he said. 

"We have been protesting this for the last one and a half years, but the government is sacrificing national interests to implement a foreign agenda," he added.

He claimed that leasing the NCT to a foreign operator would pose serious risks to national security and sovereignty, describing the decision as "self-destructive."

Khokon said the strike aims to force the government to cancel the leasing process. "If the authorities proceed with this plan despite the shutdown of port operations on Saturday and administrative activities on Sunday, we will announce tougher programmes," he warned.