Ctg Port row: Hearing on appeal over NCT lease deferred till tomorrow
The hearing was deferred after the interim government sought time and the court allowing the prayer.
A full-bench hearing on the appeal against a High Court verdict that cleared the legal bar on leasing out the New Mooring Container Terminal (NCT) at Chattogram Port, to Dubai-based DP World, has been deferred till tomorrow (10 February).
Barrister Anwar Hossain, counsel for the petitioners concerned, confirmed the development, which comes after the interim government sought time.
The matter was scheduled to be heard today by a full bench headed by the chief justice and appeared as item No 117 on the cause list.
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On 3 February, Appellate Division Chamber Judge Justice Farah Mahbub passed the order accepting the appeal challenging the single bench High Court verdict and referred the matter to a full bench for hearing.
During that hearing, the petitioners sought a status quo on the impugned verdict. In response, the judge observed that the government would not be able to sign the contract until disposal of the appeal.
Attorney General Arshadur Rouf and Additional Attorney General Aneek R Haque represented the state, while Barrister Anwar Hossain appeared for the petitioners.
What the writ sought
Speaking to TBS, Barrister Anwar Hossain said the appeal filed against the single bench verdict, was placed for hearing today.
"After hearing, the chamber judge accepted our appeal and referred it to a full bench constituted by the chief justice," he said.
"When we sought a stay, the court made it clear that the government cannot proceed with signing the contract until the appeal is settled."
In the writ, the petitioner pleaded to the court to issue a rule asking why the ongoing process of reaching an agreement with a foreign company to operate the New Mooring Container Terminal will not be beyond legal jurisdictions, which violates the Public-Private Partnership (PPP) Law 2015 by not giving permission to local operators to do the job.
Through the writ, the petitioner also requested the court to issue another rule asking why orders will not be given to issue proper and competitive tenders before giving the responsibility of operating the container terminals to any operator.
The dispute centres on the government's plan to hand over operations of the NCT to DP World under a public-private partnership arrangement.
An MoU in this regard was signed on 17 February 2019.
Sub judice
Bangladesh Youth Economists Forum President Mirza Walid Hossain filed the writ petition last year, challenging the legality of the ongoing process between the Chattogram Port Authority and the UAE-based operator.
Following a preliminary hearing, the High Court issued a rule on 30 July 2025.
On 4 December last year, a division bench comprising Justice Fatema Najib and Justice Fatema Anwar delivered a split verdict.
Justice Najib declared the process illegal, citing violations of the PPP Act 2015 and the government-to-government policy of 2017, while Justice Fatema Anwar dismissed the writ.
The matter was then sent to a single bench for final disposal.
On 29 January, the single high court bench dismissed the rule, effectively clearing the way for proceeding with the deal.
State lawyers later said the ruling had removed all legal barriers to signing the contract.
However, with acceptance of the appeal, the issue has once again become sub judice, creating a fresh legal bar on signing the NCT deal until the appeal is resolved.
