The Appellate Division of the Supreme Court on Thursday fixed May 27 for delivering its verdict on whether to uphold or overturn the death sentence of condemned war criminal and Jamaat-e-Islami leader ATM Azharul Islam.
A seven-member full bench, led by Chief Justice Syed Refaat Ahmed, scheduled the verdict after a two-day hearing on Azhar鈥檚 review petition that sought his acquittal of the war crime charges.
Azhar鈥檚 counsel, lawyer Mohammad Shishir Manir, urged the apex court to acquit his client, arguing that the conviction violated provisions of the International Crimes (Tribunals) Act, 1973, and failed to meet internationally accepted standards of due process in war crimes trials.
He contended that Azhar was convicted on political grounds, with no direct eyewitness testimony linking him to the crimes committed during Bangladesh鈥檚 1971 Liberation War. He further pointed to inconsistencies in witness accounts and a lack of credible evidence.
鈥楾he prosecution failed to present any direct proof of Azharul Islam鈥檚 involvement,鈥� Shishir told the court, adding that the tribunal鈥檚 findings were based on contradictory testimonies.
Notably, prosecutor Gazi Monwar Hossain Tamim鈥攚ho previously defended several accused Jamaat leaders in war crimes trials鈥攔epresented the tribunal in this hearing.
The tribunal was reconstituted under the interim government following recent political changes.
Azhar鈥檚 legal team moved to revive the review petition after former prime minister Sheikh Hasina was ousted from office on August 5, 2024, amid a mass student-led uprising.
Azhar filed the 23-page review petition on July 19, 2020, citing 14 legal grounds for reconsideration. The Appellate Division had earlier upheld his death sentence on October 31, 2019, through a majority verdict, affirming four out of five charges. The full judgment was released on March 15, 2020, paving the way for the review process.
ATM Azharul Islam, a former president of the Islami Chhatra Sangha unit of Rangpur鈥檚 Carmichael College鈥攖he then student wing of Jamaat-e-Islami鈥攚as accused of serving as the Al-Badr commander in Rangpur during the war. He was convicted by the International Crimes Tribunal on December 30, 2014, for crimes including mass killings, abductions, and torture.
