HC Delivers Split Verdict on Legality of New Mooring Terminal Operation Deal

The High Court has delivered a split verdict regarding the legality of the agreement process between the Chattogram Port Authority (CPA) and a foreign company for operating the New Mooring Container Terminal (NCT).

The High Court bench, comprising Justice Fatema Nazib and Justice Fatema Anwar, issued two separate judgments today (4 December). Justice Fatema Nazib (Senior Judge) declared the agreement process illegal. Justice Fatema Anwar (Junior Judge) declared the process legal. Due to the differing opinions, the Chief Justice will now constitute a new High Court bench to re-hear and settle the matter as per standard legal procedure.

The challenge was brought forward by a writ petition filed by Mirza Walid Hossain, president of the Bangladesh Young Economists Forum, questioning the legality of awarding the NCT contract to a foreign company. Respondents in the case include the Shipping Secretary, the CPA Chairman, and the PPP Authority CEO.

On 20 November, a bench led by Justice Fatema Nuzib had previously issued a verbal order for a temporary suspension of all activities related to the NCT contract until the pending writ petition was resolved.

Earlier, on 30 July, a High Court bench had issued a rule questioning why the contract process should not be declared unlawful and why a fair and competitive public bidding process was not ensured before assigning an operator to manage the NCT.

The petition was partly driven by media reports, including an article on 26 April in a national daily, that raised questions about the transparency of handing over the fully equipped terminal to a foreign firm.