The High Court (HC) has delivered a dissenting judgement on a writ petition that challenged the legality of the government's move to award the container-handling contract of the New Mooring Container Terminal (NCT) at the Chattogram port to a foreign company.
A division bench comprising Justice Fatema Najib and Justice Fatema Anwar delivered the verdict on Thursday after concluding hearings on a rule issued earlier in response to the petition.
The presiding judge, Justice Fatema Najib, declared that the government initiative had no legal effect as it was taken in violation of the relevant law and policy.
On the other hand, the puisne judge, Justice Fatema Anwar, dismissed the petition, saying the petitioner had no "locus standi" (jurisdiction) to file a writ in this regard, and the present interim government had the authority to run all the executive functions of the state.
Now the High Court bench will send the petition, along with the dissenting judgment, to Chief Justice Dr Syed Refaat Ahmed.
After receiving the documents, the chief justice will assign a new High Court bench to hear and dispose of the matter, according to the lawyers concerned.
Additional Attorney General Barrister Aneeq R Haque, who represented the state in the court proceedings, told The Financial Express the government had no legal bar to continuing with the ongoing process of the NCT.
But the petitioner's lawyer, Barrister Kayser Kamal, said it would be unfair for the government to proceed with the terminal's contract.
In the observation, Justice Fatema Anwar said the writ petitioner's lawyers' argument that allowing a foreign company to operate the terminal would pose a security threat to the country was merely a presumption and an unfounded rhetorical claim.
The petition was filed on March 20 by the Bangladesh Jubo Arthanitibid Forum, a philanthropic organisation, as public interest litigation.
The terminal, constructed in 2007 at a cost of Tk 27.12 billion, handles a large share of the Chattogram port's import and export containers.
It was previously operated by Saif Powertech, whose contract expired on July 6 this year.
Currently, it is being run by Chattogram Dry Dock Limited, a Bangladesh Navy-owned company.
Meanwhile, Police clashed with the supporters of left-leaning activists in the capital on Thursday, leaving a number of demonstrators injured.
Several left-leaning parties organised a protest march towards the chief adviser's residence, demanding the cancellation of lease agreement for the Laldia-Pangaon Terminal with a foreign company.
They termed the lease agreement a 'violation of national interest'.
The protesters also called upon the government to refrain from leasing out the New Mooring and Patenga terminals to foreign operators.
The demonstration began with a rally in front of the National Press Club between 11:30am and 12:00pm, jointly organised by the Left Democratic Alliance, the Anti-Fascist Left Forum, Bangladesh Jasad and the National Democratic Front.
After the rally, the protesters set out towards the chief adviser's residence.
When the procession reached Kakrail around 12:20pm, police intervened and attempted to stop the march.
Police used baton charges that left several protesters hurt.
Deputy commissioner of Ramna Division of Dhaka Metropolitan Police (DMP) Masud Alam said rallies, meetings and gatherings are prohibited in the area surrounding the chief adviser's residence.
"We held repeated discussions with the organisers about this. When they still tried to move towards Jamuna, police used barricades to stop them. There was some pushing and shoving. It cannot quite be termed a baton charge. They were simply prevented from heading towards Jamuna," he said.
Bazlur Rashid Firoz, General Secretary of the central committee of the Bangladesh Samajtantrik Dal (Basad) alleged that police attacked their peaceful march.
He said leaders, including Communist Party of Bangladesh (CPB) general secretary Abdullah Kafi and central committee member Ruhul Amin, were among those injured.
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