SC to hear fresh appeal against Jamaat leader Azhar’s death sentence
Azharul, a senior Jamaat leader, was sentenced to death in 2014 for his involvement in crimes against humanity, including rapes, murders, and genocide, committed during Bangladesh’s 1971 Liberation War
The Appellate Division of the Supreme Court today (26 February) disposed of the review petition against its verdict upholding the death sentence of Jamaat-e-Islami leader ATM Azharul Islam in a case related to crimes against humanity and granted him the opportunity to appeal again.
A five-member bench, headed by Chief Justice Syed Refaat Ahmed, scheduled the hearing for 22 April and asked the petitioner to submit a summary of the appeal within a week, while the state is required to submit its summary within the following two weeks.
Barrister Ehsan Abdullah Siddiqui and Advocate Mohammad Shishir Monir represented ATM Azhar in the court, while Advocate Gazi MH Tamim appeared for the prosecution.
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This is the first time permission has been granted to hear an appeal from a review in a case related to crimes against humanity committed during the Liberation War in 1971.
The review follows the precedent set in the case of Abdul Quader Mollah – another Jamaat leader. Barrister Siddiqui said the review was not conducted in accordance with Article 105 of the Constitution and added that they have challenged the entire process of the international crime case.
The lawyer further said the verdict sentencing Quader Mollah was flawed, and they challenged it. If the court accepts their argument, it could raise questions about all convictions in the International Crimes Tribunal, starting with Mollah's.
He added that they would be able to bring it to discussions on whether the sentencing process was flawed and present it to the court.
The Appellate Division has granted leave to review ATM Azharul Islam's case on four grounds, with the hearing for the main appeal scheduled for 22 April.
On 23 October 2019, the Appellate Division, led by then-Chief Justice Syed Mahmud Hossain, upheld the death sentence of Jamaat leader Azharul Islam in a crimes against humanity case. Azharul Islam later filed a review petition against this verdict.
On 30 December 2014, the International Crimes Tribunal sentenced Azharul Islam to death by hanging. On 28 January 2015, his lawyers appealed for his acquittal, citing 113 grounds of innocence.
Azharul Islam was charged with six crimes against humanity during the Liberation War, including genocide and the killing of 1,256 people in Rangpur, kidnapping 17 individuals, raping one person, detaining, torturing, and severely injuring 13 others, as well as looting and setting fire to hundreds of homes.
The tribunal sentenced him to death on five of the charges, excluding count 1. Jamaat has consistently labelled the verdict a farce.
