From Our Correspondent, Dhaka: A long-running legal battle over the handover of operations at the New Mooring Container Terminal (NCT) of Chattogram Port to a foreign company has come to an end, clearing a major hurdle to port modernisation and foreign investment.
On Thursday afternoon, a single-member High Court bench headed by Justice Zafar Ahmed declared the agreement process legally valid, paving the way for the transfer of operational responsibility to an overseas operator.
The landmark verdict is expected to facilitate the modernisation of the country’s principal seaport and strengthen confidence among foreign investors.
Key aspects of the verdict and legal process
The ruling followed an extended legal process. Earlier, on December 4 last year, a division bench comprising Justice Fatema Najib and Justice Fatema Anwar delivered a split verdict on the issue. While the senior judge declared the agreement illegal, the junior judge dissented and dismissed the writ petition.
In line with legal procedure, the matter was subsequently referred by the then Chief Justice Dr Syed Refaat Ahmed to a single bench led by Justice Zafar Ahmed for final disposal. After detailed hearings and legal scrutiny, the court delivered its final judgment on Thursday.
Origin of the dispute and writ petition
The legal challenge was initiated last year by Mirza Walid Hossain, president of the Bangladesh Youth Economists Forum, who filed a writ petition opposing the decision to hand over the NCT to a foreign entity. The petitioner argued that assigning the terminal to an overseas operator despite existing domestic capacity could be contrary to national interests.
After hearing both sides, however, the court upheld the government’s policy decision, ruling that the process was legally sound.
Impact on Chattogram Port operations
With the verdict, all legal barriers and stays affecting the ongoing process of NCT operations have been removed. Sector experts believe the decision will have several positive impacts:
Improved operational efficiency through internationally experienced terminal operators, leading to faster container handling.
Encouragement of foreign direct investment in the port and logistics sector.
Introduction of advanced technology and professional management practices at the country’s busiest seaport.
Court’s observations
In its observations, the court noted that there is no legal flaw in utilising foreign expertise in the interest of economic development and port modernisation. It also stated that the port authority had followed due process and complied with all relevant rules in executing the agreement.
The verdict is being viewed as a significant step towards enhancing Bangladesh’s port capacity and global trade competitiveness.
