HC delivers split verdict on legality of New Mooring terminal operation deal
As the rule has been disposed of with differing opinions, the chief justice will now constitute another High Court bench to settle the matter as per procedure
The High Court has delivered a split verdict on the legality of the ongoing process of the agreement between the Chattogram Port Authority (CPA) and a foreign company for operating the New Mooring Container Terminal (NCT).
The High Court bench of Justice Fatema Nazib and Justice Fatema Anwar issued two separate judgments today (4 December). Senior judge of the bench, Justice Fatema Nazib, declared the agreement process illegal, while junior judge Justice Fatema Anwar declared the process legal.
As the rule has been disposed of with differing opinions, the chief justice will now constitute another High Court bench to settle the matter as per procedure.
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After the High Court's split verdict, Additional Attorney General Anik Ar Haque told reporters the ruling does not pose any legal barrier to the ongoing process of the agreement with the foreign company.
Senior lawyer Ahsanul Karim, representing the petition, said that as a result of this ruling, the government cannot proceed with the ongoing agreement process for container handling at the New Mooring Port with UAE-based DP World. The government will not be able to make any decision until the final disposal of this petition.
He added that the chief justice will now constitute a larger bench to dispose of this petition, and whether the agreement process will continue depends on the outcome of this disposal.
Earlier, the High Court ordered a temporary suspension of all activities related to the NCT contract until the pending writ petition challenging the project is resolved.
The petition, filed by Mirza Walid Hossain, president of the Bangladesh Young Economists Forum, questioned the legality of awarding the NCT contract to a foreign company. Respondents include the Shipping Secretary, the Chattogram Port Authority Chairman, and the PPP Authority CEO.
The verbal order was issued on 20 November by a bench led by Justice Fatema Nuzib, with the state assuring the court that all operations would remain halted.
Earlier, on 30 July, a High Court bench comprising Justice Habibul Gani and Justice Sheikh Tahsin Ali issued a rule questioning why the contract process should not be declared unlawful.
The court also asked why a fair and competitive public bidding process was not ensured before assigning an operator to manage the NCT.
The petition was partly prompted by a 26 April report in a national daily, which questioned why the fully equipped terminal was being handed to a foreign firm, alongside media coverage highlighting transparency concerns.
