Special Correspondent :
The Appellate Division of the Supreme Court has acquitted Jamaat-e-Islami leader ATM Azharul Islam from the death penalty in a case of crimes against humanity.
A full bench of seven judges led by Chief Justice Dr. Syed Refaat Ahmed on Tuesday (May 27) granted Azhar’s appeal and announced the verdict.
The other judges of the Appellate Division bench are Justice Md. Ashfaqul Islam, Justice Zubayer Rahman Chowdhury, Justice Md. Rezaul Haque, Justice Imdadul Haque, Justice Md. Asaduzzaman and Justice Farah Mahbub. The seven judges of the bench gave the verdict unanimously. In the verdict, the Appellate Division ordered the immediate release of ATM Azharul Islam.
Lawyers for both the state and the accused, top leaders of Jamaat and their party lawyers were present during the verdict. The seven judges led by the Chief Justice entered the courtroom at 9:50 am. Then, the state prosecutor Gazi MH Tamim presented the legal issues. Then the verdict was announced at 9:55 am.
Lawyer Mohammad Shishir Monir, Barrister Ehsan Abdullah Siddique, Barrister Imran Abdullah Siddique, Barrister Najib Momen were present in the court on behalf of Jamaat leader Azhar. Additional Attorney General Barrister Anik R. Haque was present on behalf of the state and Prosecutor Gazi MH Tamim on behalf of the prosecution.
Among the Jamaat leaders were the party’s Naib-e-Ameer Dr. Syed Abdullah Md. Taher, Jamaat Acting Secretary General Maulana ATM Masum, Assistant Secretary General Maulana Rafiqul Islam Khan, Advocate Ehsanul Mahbub Jobayer, Advocate Moazzem Hossain Helal, Executive Council Member Mobarak Hossain, Maulana Abdul Halim, Advocate Matiur Rahman, Jamaat’s Dhaka North Ameer Selim Uddin, Maulana Delwar Hossain Sayedee’s son Masud Bin Sayedee, Jamaat’s Dhaka Metropolitan South Nayeb Ameer Dr. Helal Uddin, Dhaka Metropolitan South Assistant Secretary Delwar Hossain and others.
The hearing on ATM Azharul Islam’s appeal against the death sentence ended on May 8. After the hearing on that day, the court fixed today (May 27) for the verdict. The verdict was announced today in continuation of that.
ATM Azhar’s appeal hearing began on May 6. Later, hearings on the appeals were held in stages.
ATM Azhar was charged with 9 types of crimes against humanity, including genocide, murder, kidnapping, rape, detention, torture and serious injuries, and looting and arson in the Rangpur region during the Liberation War of 1971.
On December 30, 2014, the International Crimes Tribunal sentenced the then Assistant Secretary General of Jamaat-e-Islami Azharul Islam to death on charges 2, 3 and 4. In addition, he was sentenced to 25 years in prison for various inhuman crimes including kidnapping, torture and rape on charge 5 and 5 years for torture on charge 6.
After hearing the appeal against the tribunal’s verdict, the four-judge appeal bench led by the then Chief Justice Syed Mahmud Hossain announced the verdict on October 31, 2019, upholding the death sentence. The Appellate Division’s verdict upheld the convictions for counts 2, 3, 4 (based on majority opinion) and 6. He was acquitted of count 5.
Senior lawyer (late) Khandaker Mahbub Hossain was present in the court on that day. Attorney General (late) Mahbubey Alam was present for the state.
The full copy of the Appellate Division’s verdict was published on March 15, 2020. ATM Azharul Islam filed a review petition with the Appellate Division on July 19, 2020. A total of 14 arguments were presented in the 23-page review petition.
After hearing the review petition, the Appellate Division, headed by Chief Justice Syed Refat Ahmed, granted ATM Azharul Islam permission to appeal against the death sentence in the Crimes Against Humanity case on February 26. He then appealed.
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