The High Court has temporarily stayed the implementation of a recently introduced policy governing the transportation of imported cargo from mother vessels via inland waterways.
The stay order, effective for six months, was issued on Tuesday by a bench comprising Justice Fatema Najib and Justice Sikder Mahmudur Razi following a writ petition filed by 11 lighter vessel-owning firms.
The policy, introduced by the Ministry of Shipping through a circular on October 15, mandates that all lighter vessels transporting cargo obtain serial numbers and allocations through the Bangladesh Water Transport Coordination Cell (BWTCC), a newly formed private platform.
Advocate Mohammad Samiul Huq, representing the petitioners, confirmed the High Court’s decision. The court also issued a rule requiring government authorities to explain why the policy and the establishment of the BWTCC should not be declared as having been implemented “without lawful authority.”
The rule’s respondents include the secretaries of the ministries of shipping and commerce, the director general of the Department of Shipping, the chairman of the Chittagong Port Authority (CPA), and the chairman of the Bangladesh Inland Water Transport Authority (BIWTA). These authorities have been asked to respond within three weeks.
The petitioners argued that the policy violates constitutional articles and key legislative provisions, including the Inland Shipping Ordinance of 1976, the Chattogram Port Authority Act of 2022, the Trade Organisation Act of 2022, and a High Court judgment from March 10, 2022. The petitioners also challenged the establishment and operation of the BWTCC as “illegal.”
The policy has faced considerable opposition from stakeholders, including importers and some vessel owners. Critics allege it could lead to monopolistic practices by granting excessive control over vessel serials and fare allocations to a centralized private platform.
