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.
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.
