SC adjourns ATM Azhar’s appeal hearing till Thursday
Staff Reporter :
The Appellate Division of the Supreme Court has adjourned the hearing of the appeal filed by Jamaat-e-Islami leader ATM Azharul Islam against his death sentence in a war crimes case.
The hearing will resume on Thursday, according to the lawyers involved.
The full bench of the Appellate Division, led by Chief Justice Dr. Syed Refaat Ahmed, announced the decision to adjourn the proceedings on Tuesday afternoon. The hearing had commenced earlier that morning, just before 10:00 AM. Azhar’s lawyer, Advocate Shishir Monir, informed the media that 90 percent of the hearing was completed during the day. “The remaining part will be heard on the next scheduled date,” he said.
The day’s hearing began before 10:00 AM and continued until 11:00 AM, after which the court took a short recess. Proceedings resumed at 11:45 AM and continued non-stop until 1:15 PM. Numerous central leaders of Jamaat-e-Islami, including Secretary General Professor Mia Golam Parwar, and a large number of lawyers were present in the court.
The Chief Justice stated that the case would be heard again on Thursday morning and would be placed at the top of the day’s cause list.
Representing the appellant were Advocate Muhammad Shishir Monir, SM Shahjahan, and Barrister Najib Momen. Prosecutor Gazi Moinawar Hossain Tamim appeared for the International Crimes Tribunal, while Additional Attorney General Arshadur Rauf represented the state.
The courtroom was packed with lawyers during the session. Among the Jamaat representatives, Assistant Secretary General Advocate Ehsanul Mahbub Zobair, Advocate Moazzem Hossain Helal, executive council member Mobarak Hossain, and Nurul Islam Bulbul, amir of Dhaka South City Jamaat were present.
ATM Azharul Islam, a former assistant secretary general of Jamaat-e-Islami, was accused of committing six out of nine categories of crimes against humanity during the 1971 Liberation War, including genocide, murder, abduction, rape, detention, torture, and arson in the Rangpur region.
On 30 December 2014, the International Crimes Tribunal sentenced him to death on charges 2, 3, and 4. He also received 25 years in prison for abduction, torture, and rape under charge 5, and a 5-year sentence for torture under charge 6.
After hearing his appeal, a four-member Appellate Division bench led by former Chief Justice Syed Mahmud Hossain upheld the death penalty on 31 October 2019, maintaining the convictions on charges 2, 3, 4 (by majority opinion), and 6, while acquitting him of charge 5.
The full text of the Appellate Division’s verdict was published on 15 March 2020. Azharul Islam filed a review petition on 19 July 2020, presenting 14 grounds for reconsideration in a 23-page submission.
Following the hearing of the review petition, on 26 February this year, the Appellate Division, again led by Chief Justice Syed Refaat Ahmed, granted Azharul Islam permission to appeal the death sentence in the war crimes case.