HC issues dissenting order over NTC operations

A two-judge High Court bench today delivered a dissenting verdict on a writ petition challenging the legality of the government's move to start the process of awarding a contract to UAE-based DP World for container handling at the New Mooring Container Terminal (NCT) in Chattogram.

Justice Fatema Najib, the senior judge of the bench, declared the government decision illegal, saying it was taken "in violation of the relevant law and policy".

On the other hand, Justice Fatema Anwar, the junior judge, rejected the writ petition, saying the petitioners had no jurisdiction to file it as they are not personally aggrieved by the decision and could not show any proof of a security threat linked to it.

The bench will now send the petition along with the dissenting verdict to the chief justice for a decision.

After receiving the documents, Chief Justice Syed Refaat Ahmed will assign another High Court bench to hear and settle the petition, Additional Attorney General Aneek R Haque and Barrister Kayser Kamal, lawyer for the writ petitioners, said.

The government can continue the ongoing proceedings regarding the NCT in Chattogram following the verdict, Aneek R Haque added.

Meanwhile, writ petitioners' lawyers Ahsanul Karim and Kayser Kamal told reporters that government cannot take any move to award contract to UAE-based company DP World for container handling operations at NCT) until final disposal of the writ petition.

Following the writ petition filed by Bangladesh Jubo Arthanitibid Forum, a philanthropic organisation, another HC bench on July 30 this year issued a rule asking the authorities concerned of the government to explain why the process for awarding the NCT's container handling contract to DP World without holding any open tender should not be declared illegal.

The HC bench of Justice Fatema Najib and Fatema Najib recently concluded hearing of the rule and fixed today for delivering verdict on the matter.

Senior lawyers Zainul Abedin, Barrister AM Mahbub Uddin and Advocate Ahsanul Karim and Barrister Kayser Kamal , assisted by Barrister Md Anwar Hossen, appeared for the writ petitioner while Attorney General Md Asaduzzaman and Additional Attorney General Aneek R Haque represented the state during hearing of the rule.