Supreme Court Refers NCT Contract Petition to Full Bench

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The Supreme Court’s chamber judge referred a petition to its full bench for a hearing on February 9, requesting a status quo order for the process of awarding a contract for the New Mooring Container Terminal (NCT) in Chattogram to DP World. Justice Farah Mahbub, the chamber judge of the Appellate Division, made this decision following a brief hearing.

The Bangladesh Jubo Arthanitibid Forum, a charitable organization, filed the petition on February 1, seeking to maintain the current state of affairs regarding the contract award process for NCT to DP World until a leave to appeal petition against the High Court’s ruling on the matter is filed.

Barrister Anwar Hossen, representing the forum, emphasized that the contract award to DP World for container operations at NCT is under the Supreme Court’s consideration, preventing the government from proceeding with the deal. However, Additional Attorney General Aneek R Haque argued that there was no legal barrier for the government to continue the process as no status quo order had been issued by the chamber judge.

During the proceedings, lawyers Ahsanul Karim, Syed Mamun Mahbub, and Anwar Hossen represented the petitioner, while acting attorney general Md Arshadur Rouf and Additional Attorney General Aneek R Haque represented the state.

Barrister Anwar Hossain highlighted that the timing of executing the NCT contract, just before the upcoming national parliamentary election, reflects an arbitrary exercise of power by the government. Failure to maintain the status quo until the leave to appeal petition is filed would cause irreparable harm to the petitioners and prejudice the rights of the public.

Previously, on January 29, Justice Md Rezaul Haque, another chamber judge, issued a “no order” on a similar petition by Bangladesh Jubo Arthanitibid Forum, which sought a status quo order regarding the award of the NCT contract. The High Court had earlier rejected a writ petition challenging the legality of awarding the contract to DP World.

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