The Appellate Division of the Supreme Court on Tuesday acquitted ATM Azharul Islam, a former Assistant Secretary-General of Bangladesh Jamaat-e-Islami, who was earlier given a death sentence on charges of committing crimes against humanity during the Liberation War in 1971.
A seven-member bench of the Appellate Division, headed by Chief Justice Dr Syed Refaat Ahmed, pronounced the verdict unanimously after hearing a fresh appeal petition filed by Azharul challenging his death penalty.
The apex court has also set aside the verdict of the International Crimes Tribunal-1 (ICT-1) in Dhaka that sentenced Azharul to death and apex court's earlier decision that upheld the verdict of the ICT-1. It also asked the authorities concerned to release Azharul immediately if he is not accused in any other case or legal proceedings.
"The conviction of the appellant was occasioned by a manifest disregard for the fundamental principles of criminal jurisprudence, resulting in a gross miscarriage of justice," said the apex court in its observation.
"Furthermore, this Division acknowledged its earlier lapse to properly assess the evidence relating to the allegations of crimes against humanity in relation to the convict appellant. The failure to adhere to these fundamental tenets has led to a travesty of justice of the gravest kind," observed the apex court.
"Due consideration was not accorded to the broader context of the alleged crimes against humanity together with the evidentiary weakness inherent in the prosecution's case. In light of this, and in the interest of justice, the conviction and sentence of the appellant cannot be sustained."
This is the first time someone has been acquitted on an appeal filed following a review petition in a case involving crimes against humanity committed during the Liberation War. The apex court on May 8 this year after concluding the hearing on the appeal set May 27 for delivering its verdict.
Lawyer Mohammad Shishir Manir, who appeared in the court proceedings representing the Jamaat leader, said, "The full bench of the Appellate Division of the Supreme Court has acquitted ATM Azharul Islam of all the charges brought against him. From now on, he will be considered an innocent person. With this verdict, we believe that the truth has prevailed and falsehood has been defeated."
"We also believe that this verdict has put an end to syndicated injustice and the dignity of the courts of Bangladesh has been uplifted through the announcement of this verdict," the lawyer further said.
Azharul is the lucky one who was allowed by the apex court for filing an original appeal petition for hearing upon a review petition in a case filed on charges of committing crimes against humanity.
In a verdict delivered on October 31 in 2019 during Sheikh Hasina's regime, the then Appellate Division bench upheld Azharul's death sentence in the case.
Earlier the International Crimes Tribunal (ICT)-1 on December 30, 2014, sentenced Azhar to death penalty on charges of committing crimes against humanity in Rangpur during the Liberation War.
On January 28, 2015, Azhar filed the appeal petition with the Appellate Division challenging the verdict, where he claimed himself innocent and prayed to the Appellate Division to acquit him of the charges.
A four-member bench, headed by the then chief justice Syed Mahmud Hossain, delivered the verdict by majority opinion and upheld the death sentence nearly five years after the conviction by ICT.
Later on July 19 in 2020, he filed a review petition against the verdict delivered by the apex court.
On February 26 this year, the apex court, considering the review petition, allowed Azharul to move a fresh appeal petition before the court challenging his death penalty. ATM Azharul has been in jail since August 22 in 2012 after he was arrested.
Lawyer Mohammad Shishir Manir said they have already submitted a petition to the court seeking a written copy of its short order, based on which Azharul may be released from jail.
The court has granted their petition, the lawyer added, expressing the hope that all legal procedures will be completed in time for Azharul, who is expected to be released by today.
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