No legal bar to contract foreign firm for NCT operation: Appellate Division

The Appellate Division has cleared the way for the Chattogram Port Authority to proceed with contracting a foreign company to operate the New Mooring Container Terminal (NCT), dismissing a petition challenging the legality of the process.

On Thursday (March 12), the Appellate Division, led by the Chief Justice, rejected the appeal against a High Court order that had earlier discharged a rule questioning the validity of the ongoing contract process.

As a result, there is no legal obstacle to continuing the agreement with a foreign operator for managing the terminal.

Earlier, on January 29, a single bench of the High Court headed by Justice Zafar Ahmed discharged the rule that had sought to declare the process of awarding the NCT operation to a foreign company unlawful.

The appeal against that order was subsequently filed with the Appellate Division.

During the hearing, Barrister Muhammad Jamiruddin Sircar, Advocate Ahsanul Karim and Barrister Mahbub Uddin Khokon represented the petitioner, while Additional Attorney General Aneek R Haque appeared for the state.

The matter stems from a writ petition filed by Mirza Walid Hossain, president of the Bangladesh Youth Economists Forum, challenging the legality of handing over the NCT to a foreign firm. The petition named the Shipping Secretary, the Chairman of the Chattogram Port Authority and the Chief Executive Officer of the PPP Authority as respondents.

Earlier on July 30, a High Court bench comprising Justice Habibul Gani and Justice Sheikh Tahsin Ali had issued a rule asking why the ongoing process of awarding the NCT operation to a foreign company should not be declared without lawful authority. The court also sought to know why authorities should not be directed to ensure a fair and competitive public bidding process before awarding the contract.

On December 4 last year, another High Court bench delivered a split verdict on the issue. Senior Justice Fatema Najib declared the contract process illegal, while Justice Fatema Anwar held that the writ petition should be dismissed, thereby validating the process.

Following the split decision, the matter was referred to Justice Zafar Ahmed for final determination.

The writ petition cited several media reports, including a national daily article questioning why the NCT was being handed over to a foreign operator despite existing facilities at the terminal.