The Supreme Court chamber judge vacates one-month stay on Chittagong port’s new tariff

The Supreme Court (SC) chamber judge has vacated the one-month stay order earlier imposed by the High Court on the newly introduced tariff structure of Chattogram port.

Justice Farah Mahbub, chamber judge of the SC’s Appellate Division, passed the order after holding a hearing on a writ petition on Tuesday.

The court also instructed the High Court to dispose of the rule on the tariff notification and circular on priority basis.

On 9 November, a High Court bench of Justice Kazi Zeenat Haque and Justice Ainun Nahar Siddiqa stayed the port’s new tariff for one month and issued a rule asking why the 14 September gazette notification and 30 September circular should not be declared ultra vires (illegally).

The writ petition challenging validity of the tariff notification and the circular was filed last month by the Bangladesh Maritime Law Society (BMLS).

While speaking to TIMES of Bangladesh, BMLS President Mohiuddin Abdul Kadir said, “Although the stay was granted earlier, the chamber judge has now vacated it and instructed that the rule hearing be completed quickly.”

The Chattogram Port Authority (CPA) implemented the new tariff on October 15, increasing port charges by an average of 41 percent, with some categories seeing hikes of over 400 percent.

Before filing the petition, the BMLS issued a legal notice on 13 October to the Ministry of Finance and the Ministry of Law, Justice and Parliamentary Affairs. The notice demanded that the CPA chairman and the chief finance and accounts officer immediately withdraw the tariff increase.

Following the petition, the High Court suspended the new tariff order for one month on 9 November — a stay that has now been vacated by the chamber judge.

The Supreme Court of Bangladesh. Photo: Collected

Source : Daily TIMES of Bangladesh