No legal barrier to involving foreign companies in NCT operations

PNN News Desk, Chattogram

The High Court has ruled that the government’s initiative to involve a foreign company in operating the Chattogram Port’s New Mooring Container Terminal (NCT) is legal. On Thursday, a single-bench of the High Court dismissed a writ petition challenging this decision, clearing the way for signing a contract with the foreign company DP World. The government stated that the necessary procedures to finalize the contract will begin on 1 February.

However, the Chattogram Port CBA (Collective Bargaining Agent) and the Nationalist Labour Party have taken a firm stance against the decision and intensified protests to prevent handing over the NCT to foreign control. They announced strikes and programs aimed at halting the contract. According to the announced schedule, all operational activities at the port will be suspended from 8 am to 4 pm on Saturday, with administrative activities also halted at the same time on Sunday. The next phase of their movement will be announced on Sunday evening.

Ibrahim Khokon, General Secretary of the Nationalist Labour Party and CBA, claimed that the government is taking advantage of the country’s political situation and the upcoming election to hand over a strategic port facility to a foreign company. He said that despite workers’ long-standing protests against this decision, the government has ignored them. He warned that giving NCT to a foreign company could compromise national strategic interests and sovereignty.

Regarding the legal process, the writ petition challenging the legality of the contract with the foreign company was dismissed by a single-bench of the High Court. Previously, a two-bench division had given a split verdict, and following the Chief Justice’s directive, the matter was sent for hearing by a single bench. The court deemed the petition premature and rejected it.

The court stated that the memorandum of understanding with DP World was legally executed under a public-private partnership framework, following the applicable 2017 guidelines. The guidelines allow both direct selection and tender processes.

The petitioners’ lawyers have applied to the appellate division for a stay against this verdict. Meanwhile, the government and port authorities argued that the entire process was conducted in accordance with existing laws and regulations.

Following the court ruling, tensions are rising at Chattogram Port, and stakeholders are concerned that the planned worker actions may disrupt port operations.