The High Court on Tuesday, January 9th ordered the Bangladesh Telecommunication Regulatory Commission (BTRC) to remove the song ‘Karar Oi Louho-Kopat‘ composed by Kazi Nazrul Islam, and later tuned by Oscar-winning Indian music director AR Rahman, from all online platforms, including Facebook and YouTube, for six months. The High Court bench consisting of Justice JBM Hasan and Justice Raziq Al Jalil issued a ruling directing the BTRC after hearing the writ in this regard.
Supreme Court lawyer Barrister Mohammad Humayan Kabir heard on behalf of the petitioners in the court. He was assisted by Supreme Court Advocate Bayezid Hossain, Naeem Sardar and Barrister Solaiman Tushar.
Earlier, on behalf of the human rights organization Law and Life Foundation Trust and 10 lawyers of the Bangladesh Supreme Court, Supreme Court lawyer Barrister Mohammad Humayon Kabir filed this writ in the relevant branch of the High Court on December 6.
In the writ, the Secretary of Information and Broadcasting Ministry, Secretary of Information and Communication Technology Ministry, Secretary of Culture Ministry, BTRC and Kazi Nazrul Institute were made respondents.
The petitioners are – Law and Life Foundation Trust, Supreme Court Advocate Bayezid Hossain, Naeem Sardar, Barrister Solaiman Tushar, Barrister Mahdi Zaman, Barrister Sheikh Moinul Karim, Barrister Ahmed Farzad, Advocate Shahidul Islam, Advocate Md. Shahed Siddiqui, Advocate Md. Anas Mia and Advocate Md. Bahauddin Al Imran.
Barrister Mohammad Humayon Kabir, the lawyer of the writ petitioners, told the media, “A legal notice was given to the concerned people to remove the song ‘Karar Oi Louho-Kopat’ sung by AR Rahman. But they did not take any effective action. Kazi Nazrul Islam is our national poet. His songs have inspired us in all kinds of revolutions and movements. His songs and poems are our national treasure. A public interest writ was filed in the Supreme Court to protect our national poet and the original tone of his immortal poetry. After the hearing today, the court ordered BTRC to remove this song by the national poet, which was sung by AR Rahman in distorted tune.
On November 19, Supreme Court lawyer Barrister Mohammad Humayon Kabir sent a legal notice to the defendants to remove the song ‘Karar Oi Louho-Kopat’ sung by AR Rahman in a distorted tune from the online platform. The song was asked to be removed from online immediately after receiving the notice. But as no action was taken, this writ was filed.
The original writer, composer and lyricist of the song was poet Kazi Nazrul Islam.
According to the writ, AR Rahman has given new tunes to poet Kazi Nazrul Islam’s very popular and historically rich song ‘Karar Oi Louho-Kopat’. It was used in a Hindi film called ‘Pippa’. AR Rahman kept the lyrics unchanged but changed its original tune. This song was composed and tuned by Nazrul himself. In all our revolutions and rebellions as well as movements and struggles, ‘Karar Oi Louho-Kopat’ has served as a source of inspiration.
The writ also states that Kazi Nazrul Islam is the national poet of Bangladesh. He is known as rebellious poet. His poetry is our intellectual wealth. The writ demanded that the original tune of his poem be preserved.
Kazi Nazrul Islam wrote the song in protest against the detention of Deshbandhu Chittaranjan Das by the British government. It was published in the book ‘Bhangar Gan’ in 1924. On November 11, 1924, after its release, the British government banned the song. Later in independent India the poem ‘Bhangar Gaan’ was published again. The song was recorded by Girin Chakraborty in 1949 on Columbia Records and 1950 on HMV. Music director Kalipada Sen recorded the song with Girin Chakraborty and his co-stars in the movie ‘Chattogram Armory Loot’ directed by Nirmal Chowdhury in 1949. Then in 1969-70, Zaheer Raihan used the song in his timeless film ‘Jeebon Theke Neya’.
‘Karar Oi Louho-Kopat’ is an immortal song of hundred years. Although it was written due to the need of the time, the popularity of the song did not fall short. Although the song was written in anti-British mood, the song speaks against all kinds of injustice, and irregularities. It is still equally relevant for us. The notice said, generation after generation will be confused if the same song is tuned in Kazi Nazrul Islam and another in a distorted tune.