Dhaka: The Appellate division of the Supreme Court on Monday upheld the High Court order that earlier declared the use of the national anthem as ringtone or welcome tune in cellphones illegal.

The court also asked the authorities concerned of Grameenphone and Orascom Telecom Bangladesh Ltd (Banglalink) to donate Tk 30 lakh each to two charitable organizations each for using the national anthem commercially in cellphones.

A three-member bench of the Appellate Division headed by Chief Justice SK Sinha passed the order after dismissing the leave-to-appeal petitions filed by the two telecom companies.

Barrister Masud Ahmed Syed said the court asked Grameenphone company to donate TK 30 lakh to National Liver Foundation while Banglalink to donate the same amount to National Institute of Kidney Disease and Hospital at Shere-e-Bangla Nagar.

Kalipad Mridha, a lawyer of the Supreme Court, filed a writ petition challenging the legality of commercial use of the national anthem as ringtone and welcome tune in cellphones in 2006.

On 11 December 2006, the High Court issued a rule asking the authorities concerned to explain why the use of national anthem as ringtone and welcome tune should not be declared illegal.

The High court on 5 August 2010 declared it illegal and asked Grameenphone, Banglalink and Aktel (Robi) companies to provide Tk 50 lakh each as donations to National Liver Foundation, National Institute of Kidney Disease and Hospital and National Institute of Cancer Research and Hospital, Mohakhali respectively.

Following the HC order, Grameenphone and Banglalink filed leave-to-appeal petitions to the Appellate Division of the Supreme Court.

Barrister Masud Ahmed Syed stood for the writ petitioner while lawyer Mohammad Asaduzzaman and Izaz Ahmed for Banglalink and GP.