SC stays HC order to allot stall to Adarsha Prokashani at Ekushey Book Fair

The Bangla Academy has denied Adarsha Prokashoni access to the fair this year over three books

The Supreme Court has stayed the High Court's order to allot a stall to Adarsha Prokashoni at the Amar Ekushey Book Fair.

A three-judge Appellate Division panel, headed by Chief Justice Hasan Foez Siddique, passed the stay order on Wednesday after hearing a plea by Bangla Academy challenging the High Court decision.

The academy denied Adarsha access to the fair this year over three books, prompting the publishing house’s CEO Mahbub Rahman to accuse the academy of taking a stance against freedom of speech. Adarsha had been participating in the fair since 2010.

The books in question are “Oprotirodhyo Unyaner Obhabonio Kothamala” by Foyez Ahmed Toiyob, “Bangalir Mediocrityr Sondhane” by Faham Abdus Salam, and “Unyan Bivrom” by Zia Hasan. Faham is the son-in-law of BNP Secretary General Mirza Fakhrul Islam Alamgir.

In response to the allegations made by Mahbub, the Bangla Academy said Faham's book does not comply with the rules set for the fair.

Explaining the decision to bar the book, the academy said it contained “obscene”, “distasteful” and “sarcastic” statements about the Bengali ethnicity, the judiciary, the constitution, the Liberation War, Bangabandhu Sheikh Mujibur Rahman and his historic March 7 speech, and Prime Minister Sheikh Hasina.

While the constitution guarantees free speech, subject to reasonable restrictions, the Bangla Academy said the excerpts from the book are not protected under Article 39(2).

Mahbubur filed a writ petition with the High Court challenging the legality of the decision on Feb 2. Four people, including the director general and president of the academy, were accused in the writ.

According to the writ petition, the entire publishing house has been barred from participating in the fair for only three books. The decision does not comply with the Bangla Academy Act 2013, it said.