The High Court has declared that the agreement between Chattogram Port Authority and a foreign company for operating New Mooring Container Terminal (NCT) is valid.
A bench of the HC announced the verdict on Thursday afternoon. Following the judgment, there is no longer any legal bar to continuing the contract process.
Earlier, on 4 December last year, an HC bench comprising Justice Fatema Najib and Justice Fatema Anwar issued a split verdict on a writ petition regarding the matter.
Senior Justice Fatema Najib declared the contract process illegal, while Justice Fatema Anwar disagreed and dismissed the writ petition. Subsequently, then Chief Justice Syed Refat Ahmed referred the matter to Justice Zafar Ahmed’s single bench for disposal.
Last year, Mirza Walid Hossain, president of the Bangladesh Young Economists Forum, filed the petition challenging the legality of handing over the NCT to a foreign company. Following the hearing, the HC issued a rule on 30 July.
The rule asked why the contract process with a foreign company for operating the NCT should not be declared beyond legal authority, as it allegedly violated PPP laws and policies by excluding domestic operators.
The court also asked why instructions should not be issued to ensure fair and competitive public bidding, in accordance with relevant laws and policies, before assigning any operator to run the NCT.
The respondents, including secretary of the Ministry of Shipping, chairman of the Chattogram Port Authority, and chief executive officer of the PPP Authority, were directed to respond to the rule within four weeks.
