HC hearing on NCT lease writ deferred as petitioner seeks bench transfer

The High Court yesterday (20 January) deferred for a day the hearing of a writ petition challenging the ongoing process of contracting a foreign company to operate Chattogram Port's New Mooring Container Terminal (NCT), following a plea seeking transfer of the case to another bench.

The hearing was adjourned after the writ petitioner informed the court that an application had been filed with the Chief Justice requesting that the case be transferred to a different High Court bench for speedy hearing and disposal.

The writ was being heard by a single High Court bench of Justice Zafar Ahmed after a split verdict by a division bench earlier.

Upon being informed of the transfer plea, the court adjourned the hearing for a day, marking the matter as "not today".

Confirming the development, Advocate Anwar Hossain, one of the lawyers for the writ petitioner, told reporters that an application had been submitted to the chief justice seeking transfer of the writ to another bench.

"After being informed, the court deferred the hearing for a day," he said.

Mirza Walid Hossain, president of the Bangladesh Youth Economists Forum and the writ petitioner, told The Business Standard that after the split verdict, the case was expected to be placed before a full bench. "Instead, it was assigned to a single bench. We have appealed to the chief justice to transfer the case to a full bench," he said.

The writ was filed last year by Mirza Walid Hossain on behalf of the Bangladesh Youth Economists Forum, challenging the legality of the ongoing process of contracting UAE-based DP World to operate the NCT.

On 4 December last year, a division bench of the High Court delivered a split verdict on the rule issued in response to the writ. Following the divided opinion, the chief justice referred the matter to a single bench of Justice Zafar Ahmed for disposal.

Hearings before the single bench began thereafter. On 13 January, the court heard the matter and scheduled the next hearing for 20 January. In line with that schedule, the writ appeared as item number one on Tuesday's cause list.

In the meantime, the petitioner moved an application to the Chief Justice seeking transfer of the case to another High Court bench, citing the need for speedy hearing and disposal.

Advocate Anwar Hossain appeared for the petitioner, while Additional Attorney General Aneek R Haq represented the state.

Earlier, on 17 February 2019, the Public-Private Partnership (PPP) Authority signed a memorandum of understanding with DP World to operate the terminal. Following a preliminary hearing, the High Court issued a rule on 30 July last year.

After concluding hearings on the rule, the division bench comprising Justice Fatema Najib and Justice Fatema Anwar delivered a split verdict on 4 December 2025.

Justice Fatema Najib, the senior judge on the bench, declared the ongoing plan to hire a foreign company to run the NCT illegal, citing breaches of the Public-Private Partnership Act, 2015, and the 2017 government-to-government (G2G) guidelines. Justice Fatema Anwar, however, disagreed and dismissed the rule.

As a result of the split verdict, the Chief Justice assigned the matter to a single bench for final disposal. Reference hearings were subsequently held on 4, 8 and 13 January.

While the case remains pending, the petitioner on 13 January also sought a court order to halt the ongoing contracting process, arguing that it was continuing despite judicial scrutiny. On the same day, three separate applications were filed by individuals and organisations seeking to be added as respondents, which were recorded by the court.

The process of handing over operational control of the NCT to a foreign entity began during the tenure of the previous Awami League government. The interim government has since proceeded with the initiative under a G2G framework within the PPP model, triggering protests by political parties, professionals and labour organisations.

The Chattogram Port Authority constructed the New Mooring Container Terminal in 2007 at a cost of Tk2,712 crore in phases for construction and equipment. The terminal is currently operated by Chittagong Dry Dock Limited, a Bangladesh Navy company, which will continue managing it until it is handed over to a foreign operator.