Why Ctg port charged hiked tariff despite HC stay order, question stakeholders
The CPA later challenged the stay order and on 25 November, the Appellate Division disposed of the petition, effectively lifting the 30-day suspension. Subsequently, on 30 November, the CPA issued a notice reinstating the 41% increased tariff
Highlights:
- 41% tariff hike enforced from 14 September
- High Court issues stay on 9 November
- Appellate Division lifts order on 25 November
- CPA charged increased rate meanwhile despite stay
- Tariff case ongoing; contempt issue likely to be raised next hearing
Amid an ongoing legal challenge to the increased Chattogram port tariff, stakeholders have raised an allegation that the Chattogram Port Authority (CPA) continued collecting the higher charges despite a month-long High Court stay on the revised rates.
On 9 November, the High Court stayed the CPA's 41% tariff hike and issued a rule asking why the revised rates should not be permanently cancelled. The order was passed by a bench of Justice Kazi Zinat Hoque and Justice Aynun Nahar Siddiqua following a preliminary hearing on a writ petition filed by the Bangladesh Maritime Law Society (BMLS).
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The CPA later challenged the stay order and on 25 November, the Appellate Division disposed of the petition, effectively lifting the 30-day suspension. Subsequently, on 30 November, the CPA issued a notice reinstating the 41% increased tariff.
However, documents reviewed by this correspondent indicate that the port authority continued charging the increased rates throughout the stay period, from 10 to 29 November, when it was legally required to revert to the previous tariff.
A CPA bill issued on 12 November shows river dues for a 40-foot container charged at $10.80 (Tk1,328.70), up from Tk816 before the hike. The same bill lists lift-on charges at $30 (Tk3,684), compared to Tk2,250 earlier.
Another bill dated 25 November reflects identical rates, indicating that the increased tariff remained in effect throughout the stay.
Advocate Mohiuddin Abdul Kadir, president of BMLS and the lawyer who filed the writ petition, told The Business Standard yesterday that the CPA was formally notified of the High Court order on 10 November and acknowledged receipt.
"Once an authority is aware of a stay order, it must immediately stop implementing the challenged decision," he said. "Instead, CPA continued collecting the increased tariff. This is a clear case of contempt of court. We will raise the issue before the court at the next hearing."
Senior lawyer and Shujan Chattogram city General Secretary Advocate Akter Kabir Chowdhury echoed the concern, saying respondents are legally bound to halt all actions covered by a stay order.
"Continuing the process despite a stay is plain contempt," he said, warning that such conduct sets a dangerous precedent. "If a government agency ignores a court order, why would ordinary citizens feel compelled to follow the law?"
Customs Agents Association First Joint Secretary Obaidul Hoque Alamgir confirmed that CPA continued charging the hiked tariff even after port users pointed out the stay order. "We raised the issue during billing, but CPA went ahead anyway," he said.
BGMEA Director SM Abu Tayyab described the issue as serious. "Charging increased rates while a High Court stay is in force amounts to contempt. There must be a proper investigation into why CPA ignored the order," he said.
Repeated attempts to contact CPA Secretary Omar Faruk for comment were unsuccessful. He did not respond to phone calls or messages seeking his remarks.
The CPA first enforced the revised tariff across multiple service segments from midnight on 14 September, marking its first tariff revision since 1986. Port users had been demanding a suspension since the announcement.
Following strong opposition at a workshop at the Chattogram Port Auditorium on 20 September, Shipping Adviser Brigadier General Shakhawat Hossain postponed the hike for one month, raising expectations of consultations. However, CPA reinstated the tariff from 15 October without holding any dialogue.
Meanwhile, BMLS served a legal notice on the secretaries of three ministries and the CPA chairman, seeking suspension. The notice said the average charge for a 20-foot container rose from Tk11,849 to Tk16,243 — an increase of Tk5,720 for import containers and Tk3,045 for export containers — while per-unit loading and unloading charges increased from $43.40 to $68.
BMLS argued that as the tariff is pegged to the US dollar, further taka depreciation would compound costs, affecting import-export trade, essential commodities, raw materials, production costs, and inflation. It also alleged that none of the consulting firms involved had port or maritime expertise and that the selection process lacked transparency and procedural legality.
The notice further cited Section 33(5) of the Port Act 1908, which bars new tariffs from taking effect within 60 days of gazette publication. As the tariff announced on 14 September was enforced from 14 October, BMLS termed it unlawful and invalid.
Along with other stakeholders, BMLS demanded immediate suspension and formation of a joint consultation committee, warning that higher domestic port charges would undermine gains from the government's diplomatic efforts over US tariffs. After receiving no response within 72 hours, the organisation filed the writ petition in November.
