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The High Court has deferred the hearing on a writ petition that challenged the legality of the government initiatives to award the contract for container handling operations at the New Mooring Container Terminal (NCT) of the Chittagong Sea Port to an UAE-based company.
The High Court bench of Justice Md Habibul Gani and Justice Syed Mohammed Tazrul Hossain set June 22 this year for holding hearing on the issue considering a submission placed by the Attorney General that he needs instructions from the government over the matter.
Bangladesh Jubo Arthanitibid Forum, a philanthropic organisation, submitted the writ petition as a public interest litigation to the HC on March 20, seeking its directive to ensure fair and competitive public bidding before appointing any container terminal handling operator to run the existing NCT.
The Shipping Secretary, Chairman of Chittagong Port Authority (CPA) and Chief Executive Officer of Public Private Partnership (PPP) Authority have been mentioned as respondents in the petition.
Senior lawyer Ahsanul Karim who appeared in the court proceedings representing the writ petitioner said that the CPA's action to initiate the process for awarding the container handling contract of the NCT to UAE-based company DP World, which is a 100 percent foreign company, without holding any open tender is arbitrary and a violation of the Bangladesh Public-Private Partnership Act, 2015, and the Policy for Implementing PPP Projects through Government to Government Partnership, 2017.
He said the previous government had decided to award the container handling contract of the NCT to DP World in 2019 and the current government has initiated a process to finish the job.
The petitioner prayed to the court to direct the respondents to call and conduct fair and competitive public tender to appoint any Container Terminal handling operator to run and operate New Mooring Container Terminal (NCT) at the Chattogram Port.
He also prayed to the court to issue a rule upon the respondents to explain as to why the on-going process of the CPA in awarding the contract to a foreign company to operate the existing New Mooring Container Terminal disallowing the local Container Terminal handling operators in violation of relevant laws shall not be declared illegal.
Rule also sought to know as to why the respondents shall not be directed to ensure fair and competitive Public bidding under Bangladesh Public-Private Partnership Act, 2015 and the Policy for Implementing PPP Projects through Government to Government Partnership, 2017 before appointing any Container Terminal handling Operators to operate the NCT.
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