The High Court on Tuesday set December 4 for delivering its verdict on a writ petition that challenged the government move to award the contract for operating the New Mooring Container Terminal to UAE-based DP World under a public-private partnership arrangement.
The bench of Justice Fatema Najib and Justice Fatema Anwar set the date after hearing the public interest ligation writ petition filed by Mirza Walid Hossain, president of the Bangladesh Juba Arthanitibid Forum.
Attorney general Md Asaduzzaman told reporters that the government was only holding initial discussions with a foreign company, but 鈥榤isleading information鈥� was being spread that the Chattogram Port operation was being handed over under the cover of a public interest writ petition.
He said that the writ petition should be rejected as premature, arguing that courts did not entertain writs at such an early stage of decision-making.
鈥楴o final decision has been taken yet. It is still in a very primary stage,鈥� he said.
He said critics were wrongly claiming the Chattogram Port was being sold, adding that the port and the terminal are separate, and only the terminal is being offered for operation to improve efficiency and services.
The attorney general said that the government was complying with the PPP process, its rules, and the constitution.
Under the constitutional provision, he added, the chief adviser and advisers can perform the functions of a prime minister and cabinet as contained in the Fourth Schedule of the constitution.
Senior lawyer Ahsanul Karim, appearing for the PIL petitioner, argued that the Chattogram Port鈥檚 existing facilities could not be handed to a foreign company under the PPP framework.
Only a newly built port can be operated by a foreign firm through PPP, he said.
He also rejected the attorney general鈥檚 argument that all powers of an elected prime minister automatically shifted to the chief adviser of the interim government.
The interim government cannot exercise powers meant for an elected government accompanied by the Jatiya Sangsad in place, he submitted.
The interim government, Ahsanul argued, can only act under the doctrine of necessity, and the NCT contract is not a state necessity.
He said that the issue was of public interest as all major political parties had raised concerns over it.
鈥楲et the elected government decide,鈥� he told the court, adding that the interim setup could not award such a contract in the absence of an elected authority.
There is no objection to, he said, awarding a container-handling contract, but the PPP Act requirements 鈥� especially Clause 7, which defines the board of governors headed by the prime minister 鈥� must be followed.
鈥楾here is no elected prime minister now,鈥� he went on to add.
If the contract is given to a foreign company, the government must follow the Public Procurement Act and float an open bidding process, he added.
The petitioner is not demanding that local companies must get the job, Ahsanul said, adding that rather the demand was that the law must be followed.
Ahsanul argued that the interim government was simply carrying forward a process approved by the former government in 2023.
But, he added, the New Mooring Container Terminal is being handed to a foreign firm in violation of Clause 7 of the PPP Act, which requires approval from a board of governors headed by a prime minister.
He said that the interim government approved the project profile with an estimated cost of Tk 200 crore, although the minimum requirement was Tk 1,200 crore, calling it a legal violation.
He questioned: 鈥榃here is the board of governors?鈥�
The Cabinet Committee on Economic Affairs, under the Rules of Business, does not apply to this interim government, yet PPP decisions must follow the Rules of Business, he added.
Ahsanul argued that the president had formed the interim government under Article 142 of the constitution without the advice of a prime minister, invoking the doctrine of necessity.
鈥楤ut there is no such necessity to award the port contract,鈥� he said.
Another lawyer for the petitioner Kayser Kamal argued that the Dr Muhammad Yunus-led government continued the NCT contract process only to fulfil the deposed Sheikh Hasina government鈥檚 intentions, not public interest.
He said that the interim government was legitimate because all political parties supported its formation.
After Sheikh Hasina fled, the army chief met all parties, and after three days of discussions they agreed on Prof Muhammad Yunus as the chief adviser.
The BNP, the Jamaat, and the business community, Kayser said, oppose the NCT contract.
He also cited BNP acting chair Tarique Rahman鈥檚 recent newspaper remarks that the interim government could not take long-term decisions.
Responding to the attorney general鈥檚 claim that the government was not giving the port but only the terminal for handling, Kayser said that the agreement would hand it over for 30 years.
Besides the attorney general, additional attorney general Aneek R Haque appeared for the state while lawyer Helal Chowdhury represented the Chattogram Port Authority.