NCT container handling: HC questions awarding contract sans fair tender

The High Court has questioned the action of the government initiating the process for awarding the container-handling contract of the New Mooring Container Terminal (NCT) of the Chattagram seaport to a foreign company.

It issued a rule upon the bodies concerned of the government to explain as to why the action of the Chittagong Port Authority (CPA) to initiate the process for awarding the container handling contract of the New Mooring Container Terminal to a foreign company violating the Bangladesh Public-Private Partnership Act (PPP Act), 2015 should not be declared illegal.

In the rule it also wanted to know as to why the respondents of the government should not be directed to call and conduct fair and competitive public tender to appoint any container terminal handling operator to run and operate New Mooring Container Terminal.

The shipping secretary, chairman of the Chittagong Port Authority and Chief Executive Officer of Public Private Partnership (PPP) Authority have been asked to comply with the rule.

The High Court bench comprising Justice Md Habibul Gani and Justice Sk Tahsin Ali passed the order after hearing a writ petition filed by "Bangladesh Jubo Arthanitibid Forum", a philanthropic organisation.

The petition was filed as a public interest litigation to the HC on March 20, this year, seeking its directive to ensure fair and competitive public bidding before appointing any container terminal handling operator.

Lawyers Zainul Abedin, AM Mahbub Uddin Khokon, Ahansul Karim and Kayser Kamal appeared for the writ petitioner while Attorney General Md Asaduzzaman and Deputy Attorney General (DAG) Mohaddesh-Ul-Islam Tutul represented the state during the hearing of the petition.

Lawyer Ahsanul Karim told the FE 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. DAG Mohaddesh-Ul-Islam Tutul vehemently opposed the writ petition saying that the process is still in a premature stage and the government has not taken any final decision to give responsibility to any foreign company for operating the NCT.

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