High Court sets December 4 verdict on writ against NCT deal with DP World

The High Court on Tuesday set December 4 for delivering its verdict on a writ petition challenging the government’s move to award the operational contract of the New Mooring Container Terminal (NCT) to UAE-based DP World under a public–private partnership (PPP) arrangement.

The bench of Justice Fatema Najib and Justice Fatema Anwar fixed the date after hearing the public interest litigation filed by Mirza Walid Hossain, president of the Bangladesh Juba Arthanitibid Forum.

Following the hearing, Attorney General Md Asaduzzaman told reporters that the government was only holding preliminary discussions with a foreign company and that “misleading information” was being circulated, suggesting that the Chattogram Port was being handed over through a writ petition. He argued that the writ was premature since no final decision had been made and courts generally do not intervene at such an early stage.

He added that critics were falsely claiming the port was being sold, clarifying that the port and the terminal are separate entities and only the terminal was being considered for operational improvement. The attorney general maintained that the government was following the PPP rules, procedures, and constitutional provisions, noting that the chief adviser and advisers could legally carry out the functions of a prime minister and cabinet under the Fourth Schedule.

Appearing for the petitioner, senior lawyer Ahsanul Karim argued that an existing facility like the Chattogram Port terminal cannot be handed over to a foreign entity under the PPP framework, contending that only newly built ports may fall under such arrangements. He rejected the attorney general’s claim regarding the interim government’s authority, saying that the powers of an elected prime minister do not automatically transfer to the interim administration.

He emphasised that the interim government can act only under the doctrine of necessity, and awarding the NCT contract does not constitute a state necessity. As the issue has drawn concerns from major political parties, he argued that such a decision should be left to an elected government. The main demand, he said, was not to favour local companies but to ensure compliance with the law, including the PPP Act’s Clause 7, which requires approval from a board of governors headed by the prime minister — a position currently vacant.

Ahsanul further noted that the interim government had approved a project profile costing Tk 200 crore, whereas the minimum requirement was Tk 1,200 crore, terming it a legal violation. He questioned the legitimacy of the decision-making process, saying the Cabinet Committee on Economic Affairs could not apply under the current interim setup and that PPP decisions must follow the Rules of Business.

Another lawyer for the petitioner, Kayser Kamal, argued that the Dr Muhammad Yunus-led interim government was merely continuing a process initiated by the ousted Sheikh Hasina administration, not pursuing public interest. He said the interim government was formed with the support of all political parties after the army chief consulted them and they agreed on Muhammad Yunus as chief adviser. He added that the BNP, the Jamaat, and even the business community opposed the NCT contract.

Kayser cited BNP acting chairperson Tarique Rahman’s remarks that the interim government could not take long-term decisions, adding that the proposed agreement would hand over terminal operations to a foreign company for 30 years.

Along with the attorney general, Additional Attorney General Aneek R Haque appeared for the state, while lawyer Helal Chowdhury represented the Chattogram Port Authority.