Court warns ICT chief prosecutor; adjourns Abul Kalam Azad’s appeal hearing for 4 weeks

The Appellate Division today (8 September) warned International Crimes Tribunal Chief Prosecutor Md Aminul Islam against commenting on a matter pending before the court and asked him to refrain from further comments.

The warning came a day after Aminul publicly questioned the legality of the interim government's order allowing former Jamaat member Maulana Abul Kalam Azad, who was convicted of war crimes, to surrender and appeal his death sentence.

A four-member bench led by Justice Md Rezaul Haque issued the warning today.

The court also adjourned for four weeks the hearing on Azad's appeal against his death sentence for crimes against humanity during the 1971 Liberation War.

Speaking to reporters after today's hearing, Azad's lawyer Ehsan A Siddiqui said, "The court has adjourned the appeal hearing for four weeks. It will come up for hearing again after the court's vacation. At that time, the main appeal and the application will be heard together."

He also said the court had ordered that no action be taken against Azad before it passes its order, although the suspension of his death sentence ends on 22 October.

The Supreme Court will go into vacation on 16 September and resume regular proceedings on 25 October, he added.

Ehsan further said the court had cautioned the chief prosecutor over his recent comments and asked him to refrain from commenting on the matter.

Asked about the warning, Chief Prosecutor Aminul told reporters, "The court has told us not to make advance comments on matters pending before it. We will not make such comments from now on."

Yesterday, Aminul had said the interim government's order allowing Azad to surrender on condition that he file an appeal against his death sentence was unlawful.

"The order itself was contrary to our law [International Crimes (Tribunals) Act, 1973]," he told reporters at his office.

He said the law stipulates that an appeal must be filed within 30 days of a judgment.

"This applies to everyone -- whether it is Sheikh Hasina, Abul Kalam Azad or any other absconding accused, or even someone who is in jail. There is no scope for an executive order to supersede the International Crimes Tribunal Act," the chief prosecutor added.

On 6 July, Azad sought permission to appeal the tribunal's verdict, handed down 13 years ago, after a delay of 4,915 days. He also sought suspension of his death sentence until the appeal is disposed of.

The matter first came before the Appellate Division on 17 August for hearing on his applications for leave to appeal and suspension of his sentence. On that day, the prosecution filed an application seeking dismissal of Azad's appeal.

The matter was listed as item No 6 on today's cause list. Following the hearing, the Appellate Division adjourned it for four weeks.

On 21 January 2013, the International Crimes Tribunal sentenced Azad to death after finding him guilty on seven of eight charges, including murder, rape, abduction, confinement, arson and looting committed during the 1971 Liberation War.

Azad's case was the tribunal's first verdict after trials for crimes committed during the 1971 Liberation War began under the then-Awami League government.

After 2024 July Uprising, Azad returned to Bangladesh during the interim government's tenure. He then applied to the home ministry under Section 401 of the Code of Criminal Procedure, seeking suspension of his sentence.

In response to the application, the then interim government suspended his sentence for one year on 22 October 2025, on condition that he surrender before the tribunal and file an appeal.

Azad surrendered before the tribunal on 21 January this year in accordance with the condition. The tribunal accepted his surrender and ordered that the necessary documents be provided to him for filing the appeal.

He subsequently sought leave to appeal against the tribunal's verdict before the Appellate Division.