High Court starts hearing rule

The High Court has started hearing a rule it had previously issued questioning the legality of the government decision to award the container-handling contract for the New Mooring Container Terminal (NCT) at Chattogram seaport to a foreign company.

During the hearing on Wednesday, the writ petitioner's lawyer, Ahsanul Karim, told the court that the UAE-based company, DP World, has a less-than-satisfactory track record in port management in several parts of the world.

He noted that the company was recently forced to withdraw from managing six US ports following concerns raised by the US Congress over national security.

In his submission the lawyer further said, "The government bodies disregarded national security concerns as NTC is located near sensitive installations such as the Submarine Cable Landing Station, Navy Headquarters, Chattogram Airport, Oil Refinery and Air Force base. All political parties, NGOs and civil society members and stakeholders are vigorously protesting against the government decision. The Army Chief and heads of major political parties also have shown their concerns."

The High Court bench of Justice Fatema Najib and Justice Fatema Anwar held the haring on the rule and adjourned it until today (Thursday).

Lawyer Ahsanul Karim said the High Court has expressed its displeasure with the government for continuing the process of awarding the container-handling contract for the NCT despite its earlier commitment not to move forward until the writ petition is resolved.

He said the Attorney General had earlier assured the court that the government would not proceed with the contract until the case was concluded. However, on November 16, the government formed a committee on the matter, despite that assurance.

Following the writ petition, another High Court bench, on July 30 this year, questioned the action of the government initiating the process for awarding the container handling contract of the New Mooring Container Terminal (NCT) of the Chattagram sea port to a foreign company.

It issued a rule upon the bodies concerned of the government to explain as to why the action of the Chittagong Port Authority (CPA) to initiate the process for awarding the container handling contract of the NCT to a foreign company violating the Bangladesh Public-Private Partnership Act (PPP Act), 2015, should not be declared illegal.

In the rule it also wanted to know as to why the respondents of the government should not be directed to call and conduct fair and competitive public tender to appoint any Container Terminal handling operator to run and operate New Mooring Container Terminal.

"Bangladesh Jubo Arthanitibid Forum", a philanthropic organisation, filed the writ petition on March 20 this year as a public interest litigation, seeking its directive to ensure fair and competitive public bidding before appointing any container terminal handling operator.

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