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28 September 2022

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SC allows appeal against HC order over Masud Rana series

BI Report || BusinessInsider

Published: 19:49, 8 August 2022  
SC allows appeal against HC order over Masud Rana series

Photo: Collected

The Appellate Division of the Supreme Court on Monday allowed the heirs of Kazi Anwar Hossain, owner of Seba Prakashani, to file an appeal against the High Court verdict rejecting the writ against the publication of 260 books of the 'Masud Rana' series and 50 books of the 'Kuasha' series.

A three-member bench of the Appellate Division headed by Chief Justice Hasan Foez Siddique came up with the order.

Advocate Murad Reza and barrister Hamidul Misbah appeared for the petitioners while Advocate Khurshid Alam Khan and Md Iftabul Kamal represented the Registrar of Copyrights.

After the apex court order, Hamidul Misbah told reporters that the Appellate Division granted leave to appeal to Kazi Anwar Hossain's two sons and granddaughter against the High Court verdict.

Following the apex court order, the High Court order has been stayed.

However, the Appellate Division ordered to maintain the status quo regarding the sale of books.

Earlier, on June 14 in 2020, the Copyright Office directed the proprietors of Seba Prakashani to refrain from publishing the books or undertaking commercial activities.

Besides, some observations are made regarding the authorship of Sheikh Abdul Hakim as the author of 260 books of 'The Masud Rana' series and 50 books of 'The Kuasha' series.

Due to this, the opportunity to get his rights as a writer is created.

Kazi Anwar Hossain filed a writ petition with the High Court in August 2020 challenging the legality of the decision of the Registrar of Copyrights.

On September 10 of the same year, after the preliminary hearing, the High Court stayed the Copyright Office regarding some books of the 'Masud Rana' and 'Kuasha' series for an interim period.

The HC dismissed the writ (rule discharge) on December 13 last year after the final hearing. The High Court's stay on the Copyright Office's decision was also lifted. Therefore, the decision of the Copyright Office is upheld.

The full judgment of the High Court was published on January 8 this year. Kazi Anwar Hossain died on January 19.

Before his death, he filed an appeal with the Supreme Court against the High Court verdict. Sheikh Abdul Hakim also died on August 28 last year.

Later, after the publication of the full judgment of the High Court, two sons and a granddaughter of Kazi Anwar Hossain filed for leave to appeal on April 11.

This application came up for hearing in the chamber court on April 24. On that day the Chamber Judge referred the petition to the regular bench of the Appellate Division for hearing.

After hearing on the petition, the apex court on Monday came up with the order.

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