Goods transport by lighter vessels: HC stays new policy for 6 months

The High Court has stayed -- for six months -- the implementation of a recently introduced policy on transportation of imported cargo from mother vessels via inland waterways.

The HC bench of Justice Fatema Najib and Justice Sikder Mahmudur Razi issued the order on Tuesday after hearing a writ petition filed by 11 lighter vessel-owning firms.

Advocate Mohammad Samiul Huq, the petitioners' lawyer, confirmed the order.

The court issued a rule asking relevant government authorities to explain why the policy, as well as the establishment and operation of the Bangladesh Water Transport Coordination Cell (BWTCC) should not be declared "to have been done without lawful authority".

The shipping ministry issued a circular on October 15, introducing the new policy, which mandates that all lighter vessels obtain serial numbers and allocations through a newly formed private platform, the BWTCC.

The secretaries to 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) were among the respondents in the today's rule. They have been directed to respond to the rule within three weeks.

In their writ petition, the petitioners challenged the legality of the policy, arguing that it violated several constitutional articles, provisions of the Inland Shipping Ordinance, 1976, the Chattogram Port Authority Act, 2022, the Trade Organisation Act, 2022, and a High Court judgment delivered on March 10, 2022, according to Samiul.

The petition also contested the establishment and operation of the BWTCC, claiming it was "illegal", added Samiul.

A corresponding gazette notification was published on November 7.

However, the policy faced significant opposition from importers and some vessel owners, who alleged it would lead to monopolistic control over vessel serials and fares.

Earlier this month, three previously conflicting associations of lighter vessel owners reconciled after disputes and operational splits that began in December last year. They have since resumed combined operations under the newly formed BWTCC.