The High Court has 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) in Chattogram.

The HC bench of Justice Fatema Najib and Justice Fatema Anwar delivered the split verdict on Thursday following a writ petition that was filed challenging the legality of the move to start the process of awarding a contract to UAE-based DP World for container handling at NCT.

Justice Fatema Najib declared the contract process illegal, while Justice Fatema Anwar ruled an opposite one.

Justice Fatema Najib, the senior judge of the bench, said that the move was taken “in violation of the relevant law and policy”.

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

Following the split decision, lawyers said the matter would now be sent to the chief justice and he would assign another HC bench to settle the issue.

Barrister Muhammad Jamiruddin Sircar, Advocate Ahsanul Karim, Barrister AH Mahbub Uddin Khokan and Barrister Kayser Kamal took part in the hearing for the writ petitioners, while Attorney General Md Asaduzzaman and Additional Attorney General Aneek R Haque represented the state.

Such the judges of the HC bench, the lawyers from both the side also placed spilt opinion regarding the verdict.

Anik Ar Haque said that the ruling doesn’t pose any legal barrier to the ongoing process of the agreement with the foreign company. “The government can continue the ongoing proceedings regarding the NCT in Chattogram following the split verdict,” he said.

The petitioners’ lawyers said that the government could not take any move to award contract to the foreign company until final disposal of the writ petition.

Ahsanul Karim said that the chief justice would now constitute a larger bench to dispose of this petition, and whether the agreement process would continue depends on the outcome of this disposal.

Following the writ petition filed by Bangladesh Jubo Arthanitibid Forum, a philanthropic organisation, the HC bench of justice Md Habibul Gani and justice Sheikh Taslim Ali on 30 July issued a rule asking why the contract process should not be declared beyond legal authority.

On 25 November, the HC bench of Justice Fatema Najib and Fatema Najib concluded hearing of the rule and fixed Thursday for delivering verdict.

The last Awami League government had decided in principle to employ foreign operators to run the NCT. The DP World emerged as a potential candidate at the time.

The interim government, which took charge after the fall of the Awami League regime last year, became interested in appointing a foreign operator to run the NCT.DP World has resurfaced again as a potential candidate.

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