Staff Reporter:
The High Court (HC) on Thursday delivered a split verdict on the legality of the ongoing process to sign an operational agreement between the Chittagong Port Authority (CPA) and a foreign company for running the New Mooring Container Terminal (NCT).
The joint bench of Justice Fatema Najib and Justice Fatema Anwar issued separate orders.
Justice Fatema Najib declared the contract process illegal, while Justice Fatema Anwar ruled an opposite one.
Following the split decision, lawyers said the matter will now be sent to the Chief Justice, who will assign another HC bench to settle the issue.
Barrister Muhammad Jamiruddin Sircar, Advocate Ahsanul Karim, Barrister Mahbub Uddin Khokan and Barrister Kayser Kamal argued for the writ petitioners.
Attorney General Md Asaduzzaman and Additional Attorney General Anik R Huq represented the state.
Earlier, on 25 November, the court concluded hearings on the rule regarding the legality of the foreign-operator agreement for NCT and set 4 December for delivering the order.
On 30 July, the HC bench of Justice Md Habibul Gani and Justice Sheikh Taslim Ali issued a rule asking why the contract process should not be declared beyond legal authority.
The bench also questioned why a directive should not be given to ensure fair and competitive public bidding, in line with relevant laws and policies, before appointing any operator for the NCT.
Bangladesh Young Economists Forum president Mirza Walid Hossain filed the petition challenging the legality of handing over the terminal to a foreign operator.
The shipping secretary, the chairman of the Chittagong Port Authority, and the CEO of the Public-Private Partnership Authority were made respondents.
