The Supreme Court chamber judge yesterday upheld a High Court verdict rejecting a writ petition that challenged the legality of the government’s move to award a contract to UAE-based DP World for container handling at the New Mooring Container Terminal (NCT), the largest functional facility of Chattogram port.
Justice Md Rezaul Haque, chamber judge of the Appellate Division of the SC, passed the “no order” on a petition filed by the Bangladesh Jubo Arthanitibid Forum challenging the HC verdict and seeking an order of status quo on the entire process of awarding the contract for NCT.
The Bangladesh Jubo Arthanitibid Forum, a philanthropic organisation, filed the petition as a public interest litigation with the HC last year.
Earlier in the day, the HC bench of Justice Zafar Ahmed rejected the writ petition as the process for awarding the contract for operation and maintenance of NCT was in accordance with the 2017 Procurement Policy, which allows for direct selection or appointment when implementing projects.
The law, which vests the relevant authority with the power, was not challenged in this case, the HC bench said.
The writ petition is premature as no work order has been issued, it added.
Following the SC chamber judge’s order, there is no legal bar for the government to initiate the process of awarding the contract to DP World for container handling at NCT, Aneek R Haque, additional attorney general, told The Daily Star.
The government and Chittagong Port Authority (CPA) are close to finalising the procedures of signing a concession agreement with UAE-based DP World for the operation and maintenance of NCT under a public-private partnership (PPP).
The matter is still sub judice, so the government cannot go ahead with the deal, Md Anwar Hossen, a lawyer for the writ petitioner, told The Daily Star.
The apex chamber judge has asked the Bangladesh Jubo Arthanitibid Forum to file a leave to appeal petition with the SC against the HC verdict after receiving the certified copy, he said.
Details of the HC verdict will be known once its full text is released.
The CPA in coordination with the PPP Authority and shipping ministry is close to finalising the deal procedures, The Daily Star has learnt from people involved with the proceedings.
The government recently revised the timeline targeting the first week of February for completing the deal signing, they said.
On January 20, the CPA formed a 10-member sub-committee to assist the seven-member tender evaluation committee regarding the appointment of a private operator for NCT.
Senior CPA officials including the project director and the evaluation committee members are working in Dhaka for the last few days to complete the technical and financial evaluation of the bid submitted by DP World.
Meanwhile, leaders and activists of Chattogram Bandar Jatiyatabadi Sramik Dal and former Chattogram Port CBA yesterday announced an eight-hour work abstention on Saturday and Sunday demanding the cancellation of the proposed deal.
They threatened tougher movement like collapsing the port operations from Monday unless the government changes its decision.
They also brought out a protest procession in front of the Bandar Bhaban (administrative building of Chattogram port) around 12:00pm. A section of port employees joined the procession that paraded through the premises.
At one stage, they entered the administrative building and staged a demonstration chanting slogans like ‘Go Back DP World’.
