SC fixes Thursday for next hearing on appeal against Azharul’s death penalty

The Appellate Division of the Supreme Court today fixed Thursday for the next hearing of the appeal challenging the death penalty of Jamaat-e-Islami leader ATM Azharul Islam for crimes against humanity during the Liberation War in 1971.

After concluding the first hearing today, the Appellate Division fixed Thursday for resuming the proceedings of the appeal.

Earlier in the day, a seven-member bench of the SC headed by Chief Justice Syed Refaat Ahmed started hearing on the appeal against Azharul's death penalty.

Azharul's lawyer Mohammad Shishir Manir placed arguments before the Appellate Division during the hearing of the appeal challenging his death penalty for crimes against humanity during the country's Liberation War in 1971.

While placing arguments, advocate Shishir Manir told the Appellate Division that the death penalties of Jamaat leaders were executed from politically motivated intentions.

Provisions of the customary international law were not applied during their trial proceedings in connection with war crimes cases and therefore, there were flaws in their trials, he said.

Azharul had also been politically targeted during his trial, said Shishir Manir.

The defence counsel said the death sentence of Jamaat-e-Islami leader Abdul Quader Mollah was executed hurriedly on December 12, 2013 based on a short order from the Appellate Division ahead of January 5, 2014 election in order to hurt the opposite political men in violation of the criminal law established 400 years ago.

Lawyer Shishir Manir prayed to the apex court to acquit ATM Azharul Islam from all the charges brought against him in the case, saying that the statements of defence witnesses were not considered during his trial and delivering verdicts earlier.

Several Jamaat-e-Islami leaders and activists including its Secretary General Mia Golam Parwar were present in the court during the proceedings today.

On February 27, the SC allowed Azharul to move a fresh appeal before the court challenging his death penalty.

The top court passed the order after hearing a petition seeking review of its earlier verdict that upheld the International Crimes Tribunal's ruling sentencing Azharul to death.

The Appellate Division had upheld Azharul's death sentence on October 31, 2019. A four-member bench, led by the then chief justice, Syed Mahmud Hossain, delivered the verdict by majority opinion, nearly five years after the ICT-1 convicted him for crimes committed in Rangpur during the Liberation War.