HC questions legality of handing Ctg port’s container terminal management to foreign firm
The High Court has issued a rule asking authorities concerned to explain why the process of handing over the management of the New Mooring Container Terminal (NCT) at Chattogram Port to a foreign company should not be declared illegal.
The court has also sought an explanation as to why directives should not be given to ensure fair and competitive bidding in line with existing laws for appointing an operator to NCT.
The HC bench of Justice Habibul Gani and Justice Sheikh Tasnuva Tahsin Ali issued the rule today (30 July), after holding a hearing on a petition filed by the Bangladesh Jubo Arthanitibid Forum, a philanthropic organisation.
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The court has asked the secretary of the Ministry of Shipping, the chairman of the Chattogram Port Authority, and the CEO of the Public-Private Partnership (PPP) Authority to respond to the rule.
The writ petition, filed by Mirza Walid Hossain, president of the Bangladesh Jubo Arthanitibid Forum, on 20 March, challenged the legality of the ongoing process of handing over NCT's operations to a Dubai-based firm – DP World, without first offering the opportunity to domestic operators, which is allegedly in violation of the Public-Private Partnership (PPP) Act 2015.
Reports published in various media outlets regarding the issue were submitted as part of the petition.
Senior Advocate Ahsanul Karim and Advocate Kaiser Kamal appeared for the petitioner, while Attorney General Md Asaduzzaman, Deputy Attorney General Md Mahaddes-ul-Islam, and Mahfuz Bin Yusuf represented the state.
According to the petition, the process of awarding the terminal's management to DP World is being carried out in violation of PPP laws and policies, without considering local operators.
The petition sought a declaration that the process is beyond legal jurisdiction, and requested the court to order authorities to ensure transparent and competitive public bidding before awarding any future contract for the terminal's management.
