B Mirror Report: Legal obstacles to the planned transfer were essentially removed on Wednesday, January 29, when the High Court dismissed a writ suit contesting the continuing process of selecting a foreign company to operate the New Mooring Container Terminal (NCT) at Chattogram Port.
The case was concluded at the High Court level when Justice Zafar Ahmed, presiding over a single-member bench, discharged the rule given previously in the case.
According to legal authorities, the decision permits the Chittagong Port Authority to move on with its proposal to hire a foreign operator for the terminal through a public-private partnership (PPP).
The decision followed an earlier split verdict by a High Court division bench. After differing opinions were delivered, the Chief Justice referred the case to Justice Zafar Ahmed for final disposal. Following hearings, the single bench ruled that the petition was premature, noting that no work order had yet been issued.
Speaking after the judgment, petitioner’s lawyer Anwar Hossain said an appeal had already been filed with the Appellate Division seeking a stay on the majority decision of the division bench.
In its observations, the court upheld the legality of the memorandum of understanding signed between the PPP Authority and DP World, a Dubai government-owned company. It stated that the agreement was executed in line with the 2017 procurement policy, which permits both direct selection and tender-based procedures under existing law.
As the relevant legal provisions had not been challenged, the court found no grounds to interfere in the process.
Senior advocates Ahsanul Karim and Syed Mamun Mahbub, along with advocate Md Anwar Hossain, represented the petitioner. Additional Attorney General Aneek R Haque appeared for the state, while advocate Md Helal Uddin Chowdhury represented the Chittagong Port Authority. Advocate Nasir Uddin Ahmed Asim appeared on behalf of Everest Port Services Limited.
The dispute revolves around the government’s plan to transfer operational control of the New Mooring Container Terminal to DP World through a PPP arrangement. An MoU for the initiative was signed on 17 February 2019.
The writ petition was filed last year by Mirza Walid Hossain, president of the Bangladesh Youth Economists Forum, questioning the legality of the agreement. Following a preliminary hearing, the High Court issued a rule on 30 July.
On 4 December, the division bench delivered a split ruling — with Justice Fatema Najib declaring the process unlawful due to alleged violations of the PPP Act 2015 and government-to-government policy, while Justice Fatema Anwar dismissed the petition.
The plan, initiated during the previous Awami League government and continued by the interim administration, has sparked protests from political groups, professionals, and port workers.
Constructed in 2007, the NCT was developed with an investment of Tk 2,712 crore by the port authority. Currently, it is being operated by Chittagong Drydock Limited, a Bangladesh Navy-run organisation, which will continue management until any formal handover to a foreign operator occurs.
