Staff Report :
The Appellate Division of the Supreme Court on Thursday upheld the death sentence of ATM Azharul Islam, assistant secretary general of Jamaat-e-Islami, for committing crimes against humanity during the Liberation War. The apex court upheld death sentence for three charges against him by majority decision and five-year jail sentence for one charge unanimously. Besides, the court acquitted him from a charge.
A four-member Bench of the Appellate Division headed by Chief Justice Syed Mahmud Hossain passed the order after allowing an appeal in part filed by Azhar challenging the International Crimes Tribunal’s verdict that sentenced him to death.
Advocate Khandker Mahbub Hossain, Advocate Shishir Monir and Advocate Motiur Rahman Akond took part in the hearing in the Appellate Division on behalf of Azharul Islam while Attorney General Mahbubey Alam and Deputy Attorney General Bashir Ahmed stood for the state.
Advocate Khandker Mahbub Hossain said, “We will file petition seeking review of the verdict after the court published the full text.”
The review petition will have to be filed in 15 days after the convict would receive the certified copy of the judgement.
Advocate Motiur Rahman Akond said, “ATM Azharul Islam didn’t get justice by this verdict.”
Attorney General Mahbubey Alam said, “Azharul Islam was convicted on the basis of eyewitness testimony.”
The SC maintained death sentence in three charges of killing 1400 civilians in Badarganj upazila of Rangpur district on April 17, 1971, killing 15 unarmed people in Dhappara of Badarganj on April 16, 1971, and an act of genocide that claimed the lives of four Hindu teachers of Rangpur Carmichael College and the wife of one of them on April 17, 1971 and five years for involvement in torturing a freedom fighter and his brother at an Al-Badr camp in the town.
The apex court acquitted him from the charge of his complicity in the rape of a pregnant woman at Rangpur Town Hall during the Liberation War in which he was sentenced to 25 years rigorous imprisonment by the ICT.
International Crimes Tribunal (ICT) on December 30, 2014, sentenced Azhar with death penalty for committing crimes against humanity during the Liberation War.
Later on January 28, 2015, Azhar filed the appeal petition with the Appellate Division challenging the verdict where he claimed himself innocence and prayed to the Appellate Division to acquit him of the charges.
After hearing on the appeal petition, the apex court on July 10 this year kept the appeal of Azharul as CAV (Curia Advisari Vult) which means it would announce the verdict on any day after concluding its hearing. Subsequently the court on Wednesday fixed October 31 to deliver the judgement.
ATM Azhar has been in jail since his arrest on August 22 in 2012.
