The Appellate Division of the Supreme Court on Thursday upheld a High Court verdict that declared legal the interim government’s decision to initiate the process of appointing UAE-based firm DP World to operate the New Mooring Container Terminal at Chattogram Port.

The four-judge bench, led by chief justice Zubayer Rahman Chowdhury, dismissed a petition filed by Bangladesh Juba Arthanitibid Forum president Mirza Walid Hossain seeking leave to appeal against the High Court verdict.

The organisation had challenged the government’s move to complete the deal with DP World initiated by the ousted Awami League regime.

Lawyer Helal Chowdhury, representing the Chattogram Port Authority, later said that there would now be no legal bar to continuing the process of the deal with the Dubai-based port operator.

On February 8, the interim government, following an indefinite strike by port workers demanding cancellation of the proposed deal, announced that the agreement to lease the terminal to DP World would not be signed during its tenure.

At a press conference on the day, Bangladesh Investment Development Authority executive chairman Chowdhury Ashik said that DP World had received the draft concession agreement and sought additional time to review it in detail.

He said that the extended review made it likely that negotiations would continue after the February 12 national polls and be finalised by the next government.

In its verdict delivered on January 29, the High Court held that competitive bidding is optional, not mandatory, under the Public Private Partnership Act, 2015, the Government-to-Government Policy, 2017, and the Procurement Guidelines, 2018.

The High Court delivered the verdict after dismissing a writ petition filed by Mirza Walid Hossain in 2025 in the public interest.

The court observed that the authorities had acted lawfully in choosing the direct selection method and that a judicial review court could not replace decisions taken by authorities empowered under the law.

It also said that the selection process is governed by the G2G policy and the memorandum of understanding signed under that framework.

The court said that the MoU determined the method of selection, while a clause allowed direct selection without tender.

Lawyer Ahsanul Karim appeared for the writ petitioner, while additional attorney general Aneek R Haque represented the state.