SC chamber judge upholds HC verdict on DP World contract for NCT

The Supreme Court chamber judge today upheld a High Court (HC) verdict that rejected a writ petition challenging 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) in Chattogram.

Justice Md Rezaul Haque, chamber judge of the Appellate Division, passed “no order” on a petition filed by the Bangladesh Jubo Arthanitibid Forum, which had sought a status quo on the contract process.

The apex court chamber judge, however, asked Bangladesh Jubo Arthanitibid Forum to file a leave to appeal petition with the SC against the HC verdict after receiving its (HC verdict) certified copy, Barrister Md Anwar Hossen, a lawyer for the writ petitioner, told The Daily Star.

Additional Attorney General Aneek R Haque said the chamber judge’s order means there is no legal bar for the government to initiate the contract process with DP World.

He noted that the HC verdict has effectively been upheld.

Barrister Anwar Hossen, however, maintained that the issue remains sub‑judice, arguing the government cannot yet proceed with the deal.

Earlier in the day, the HC bench of Justice Zafar Ahmed rejected the writ petition, observing that a memorandum of understanding (MoU) had been signed between the Public‑Private Partnership (PPP) Authority and DP World on behalf of the Dubai government, and that the MoU was executed in accordance with the law.

The court noted the process followed the 2017 Procurement Policy and the MoU. The policy allows direct selection or appointment in implementing projects, as well as tendering.

The law itself was not challenged in the case, the HC bench said.

The HC also observed that the petition was premature, as no work order had yet been issued.

The writ petition, filed last year by the Bangladesh Jubo Arthanitibid Forum as a public interest litigation, had earlier prompted another HC bench to issue a rule questioning why the contract should not be declared illegal without an open tender.

The case was reassigned to Justice Zafar Ahmed’s bench in December after a two‑judge bench delivered a dissenting verdict: Justice Fatema Najib declared the government’s decision illegal, while her junior bench colleague, Justice Fatema Anwar rejected the petition.

The matter, along with the dissenting verdict, was then referred to the chief justice for resolution.

Senior lawyer Ahsanul Karim, assisted by Barrister Anwar Hossen, represented the petitioner.

Barrister Nasir Uddin Ahmed Ashim argued on behalf of berth operator Shahdat Hossain, while Additional Attorney General Aneek R Haque represented the state.