The High Court of Bangladesh delivered a divided verdict on Thursday regarding the legality of the process to hand over the management of the New Mooring Container Terminal (NCT) at Chittagong Port to a foreign company, further intensifying the already fraught debate over the interim government’s port privatisation policies.
This decision comes amidst escalating protests, geopolitical manoeuvring, and accusations of a hidden agenda by the administration led by Nobel laureate Muhammad Yunus.
The High Court bench, comprising Justice Fatema Najeeb and Justice Fatema Anwar, issued a split ruling. Senior Judge Fatema Najeeb declared the process illegal, arguing that it violated the Public-Private Partnership (PPP) Act and national laws by not involving domestic operators and lacking transparent, competitive bidding. Conversely, junior Judge Fatema Anwar dismissed the rule, validating the ongoing proceedings. Consequently, the case will now be referred to the Chief Justice for assignment to a third bench, delaying a final resolution.
This verdict follows a series of contentious developments surrounding Chittagong Port, Bangladesh’s economic lifeline, which handles over 90% of the country’s trade. On November 20, the High Court had already suspended all proceedings related to the NCT handover to UAE-based DP World, a firm with alleged ties to US defense interests, in response to a writ petition filed by Mirza Walid Hossain of the Bangladesh Youth Economists Forum. The petition challenged the legality and transparency of the process, demanding fair tendering and highlighting national security risks.
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The suspension provided temporary relief to protesters, including dockworkers and opposition parties, who have staged hunger strikes, rallies, and shutdowns, decrying the deals as a “sovereign surrender” to Western powers. However, the divided verdict has reignited tensions, with the writ petitioner’s lawyer Kaiser Kamal stating: “I do not think it would be ethical to continue working in this situation after the divided verdict in the High Court. Since the senior judge has made the rule absolute, it is necessary to wait until the third bench’s verdict.”
The controversy over Chittagong Port’s privatisation is part of a larger narrative of post-uprising turmoil in Bangladesh following the ouster of former Prime Minister Sheikh Hasina in August 2024. The interim government, lacking electoral legitimacy, has been accused of pursuing a “fourth agenda” of quietly auctioning strategic assets to foreign entities while focusing publicly on trials, reforms, and elections.
This agenda has included signing major deals, such as the 30-year concession for the Laldia Container Terminal (LCT) with Denmark’s APM Terminals and the 22-year lease of Dhaka’s Pangaon Inland Container Terminal to Switzerland’s Mediterranean Shipping Company (MSC).
Critics, including the Communist Party of Bangladesh (CPB) and civil society groups like the Ganatantrik Odhikar Committee, have condemned these moves as opaque and hasty, arguing that they exceed the interim government’s mandate and bypass parliamentary scrutiny.
Prof. Anu Muhammad and Advocate Shafiuddin Kabir Abid, in a statement on November 15, warned that such agreements, influenced by the World Bank’s International Finance Corporation (IFC), prioritise foreign business interests over national sovereignty. They demanded transparent decision-making and broad parliamentary consultation before any long-term contracts are finalised.
The geopolitical implications are significant. Analysts and opposition figures, such as BNP leader Ruhul Kabir Rizvi and journalist Masood Kamal, have raised alarms about U.S. encirclement in the Bay of Bengal, linking DP World’s involvement to Washington’s strategic interests, potentially countering China’s Belt and Road Initiative.
Recent US military activities, including joint exercises and the USS Fitzgerald’s port call, alongside a planned US-backed drone facility, have fueled fears of a broader security realignment. Simultaneously, surging Pakistan-Bangladesh ties, marked by a Pakistani warship’s visit after 54 years and cargo routes, signal shifting alliances in the regional power vacuum.
Protests have intensified since mid-November, with Chittagong Port workers under the Shramik Union launching hunger strikes and shutdowns, fearing job losses due to automation. A November 18 torchlit march by the Bandar Rokkha Parishad drew hundreds, chanting against “foreign looting.” The CPB rallied thousands at Suhrawardy Udyan on November 14, vowing to “derail this betrayal of the July uprising,” while opposition parties like the BNP have slammed the “sell-off,” warning of US naval ambitions and debt traps.
Journalist MA Aziz, once a Yunus ally, expressed regret on a recent talk show, alleging secret US clauses for military access and fears of regional carve-outs. Host Zillur Rahman of the Centre for Governance Studies warned of economic collapse, with GDP growth at 3-4% and IMF loans stalled, potentially leaving any elected government a “destroyed country.”
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The High Court’s divided verdict underscores the fragility of the interim government’s policies amidst a polarised nation. Army Chief General Waker-Uz-Zaman, key to the post-Hasina transition, has reiterated that port decisions belong to an elected regime, urging polls by December 2025. The court’s intervention, while providing a check on unchecked ambition, highlights the urgent need for swift democracy to resolve the sovereignty standoff.
Political observers say that as the case moves to a third bench, the international community must closely monitor these developments, condemning any actions that undermine Bangladesh’s sovereignty and urging the interim government to prioritise transparent, inclusive decision-making. The people of Bangladesh deserve a leadership that safeguards national interests and fosters stability, rather than engaging in divisive geopolitical gambits that threaten the country’s economic and security future.
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