Jamaat’s Azharul cleared of crimes against humanity

The Supreme Court yesterday acquitted death row convict Jamaat-e-Islami leader ATM Azharul Islam of the charges of crimes against humanity during the Liberation War, clearing the way for him to walk out of jail.

The Appellate Division of the SC scrapped its earlier judgement that upheld the conviction and death sentence given by the International Crimes Tribunal in 2014.

The apex court also directed the jail authorities to release Azharul immediately unless he is arrested in another case.

A seven-member bench of the Appellate Division headed by Chief Justice Syed Refaat Ahmed delivered the verdict following an appeal filed by Azharul challenging the conviction and death penalty handed down by the International Crimes Tribunal.

Azharul's lawyer Mohammad Shishir Manir said his client, who has been in jail since August 8, 2012, may get released today.

"Azharul is currently treated at the prison cell of Bangladesh Medical University (BMU), formerly Bangabandhu Sheikh Mujib Medical University," he told this correspondent.

This is for the first time, the Appellate Division rescinded its own judgment that upheld the conviction and death sentences handed down by the International Crimes Tribunal to any person in connection with a crime against humanity, said Mohammed Belayet Hossain, another lawyer for Azharul.

Talking to reporters, Shishir said his client got justice.

"We believe the truth has triumphed, falsehood has been defeated and syndicated injustice has been abolished," he said.

"From today, the former acting secretary general of Jamaat-e-Islami, Azharul Islam, is an innocent person. Previously, death sentences of six top leaders of the Jamaat and BNP were carried out. In addition, at least five others died in prison. This is almost an unprecedented persecution in the history of the world.

"With the pronouncement of this verdict, the dignity of the courts of Bangladesh has been upheld."

On December 30, 2014, the then International Crimes Tribunal-1 sentenced Azhar to death on three charges of crimes against humanity and imprisonment on two other charges.

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.

The full text of the verdict was released on March 15, 2020, allowing him to file a review petition.

He filed the review petition on July 19, 2020. On February 27 this year, the SC allowed Azharul to move a fresh appeal before the court.

Azharul was accused of being the commander of the Al-Badr force and president of Chhatra Sangha, the then-student wing of Jamaat-e-Islami, in Rangpur, during the war.

Yesterday, Chief Justice Syed Refaat Ahmed announced the judgment in a packed courtroom around 10:00am, saying that by unanimous decision, this appeal (filed by Azharul) is granted.

Consequently, the judgment and order passed by the Appellate Division on October 31, 2019, are, hereby, reviewed and set aside. The judgment and order of conviction and sentence passed by the International Crimes Tribunal on December 30, 2014 are also, hereby, set aside, he said in the judgement.

The court said the conviction was occasioned by a "manifest disregard for the fundamental principles of criminal jurisprudence, resulting in a gross miscarriage of justice".

The apex court acknowledged its earlier lapse in properly assessing evidence.

It acknowledged with a profound sense of judicial responsibility that in its earlier adjudication, it failed to give due and dispassionate consideration to the evidentiary deficiencies and the broader context in which the allegations of crimes against humanity were framed against the appellant.

"The earlier judgment regrettably fell short of the high standards of scrutiny and fairness mandated in criminal proceedings of such grave nature," the chief justice said.

The apex court also acknowledged with considerable regret that due consideration was not accorded to the broader context of the alleged crimes against humanity together with the evidentiary weaknesses inherent in the prosecution's case.

"In light of this, and in the interests of justice, the conviction and sentence of the appellant cannot be sustained.

"Let an advance copy of this order be sent expeditiously to the jail authority for immediate compliance," the CJ said.

Meanwhile, Law Adviser Asif Nazrul said Azharul was acquitted as he was proven innocent, and credited the July uprising for paving the way for justice.

In a post on his verified Facebook page, Prof Asif wrote that the verdict nullifies both the previous International Crimes Tribunal sentence and the Appellate Division's earlier ruling that upheld that sentence.

"The credit for creating the opportunity to establish justice goes to the fearless leadership of the July mass uprising. It is now our collective responsibility to safeguard this opportunity," he added.

Jamaat leaders Motiur Rahman Nizami, Abdul Quader Mollah, Muhammad Kamaruzzaman, Ali Ahsan Mohammad Mojaheed, Mir Quasem Ali, and BNP leader Salauddin Quader Chowdhury were previously executed following SC verdicts for crimes against humanity in 1971.