The Appellate Division has postponed the appeal hearing of Jamaat-e-Islami leader ATM Azharul Islam—who is challenging his death sentence for crimes against humanity committed during the 1971 Liberation War—until Thursday (9 May).
A seven-member bench led by Chief Justice Syed Refaat Ahmed adjourned the hearing on Monday (6 May) after the first day`s proceedings.
Advocate Mohammad Shishir Monir represented Azharul Islam, while Prosecutor Gazi Monawar Hossain Tamim appeared for the International Crimes Tribunal.
Speaking to reporters following the session, Monir stated that approximately 90% of the appeal hearing has been completed. “Another hearing will be held on Thursday,” he added.
The defence has argued that Azharul Islam is a victim of political targeting. Monir questioned the reliability of key witness testimonies, saying, “The witnesses claimed they identified Azhar from a distance of three to three-and-a-half kilometres—such claims are not credible.”
Azharul Islam faced six charges in the International Crimes Tribunal involving nine categories of crimes—including genocide, murder, abduction, rape, torture, and arson—in the Rangpur region during 1971. He was sentenced to death on 30 December 2014 for charges 2, 3, and 4. Additionally, he received 25 years in prison for abduction, torture, and rape (charge 5), and five years for torture (charge 6).
The Appellate Division, in a 31 October 2019 ruling led by then Chief Justice Syed Mahmud Hossain, upheld the death penalty on charges 2, 3, and 4 by majority decision, and upheld the conviction on charge 6. He was acquitted on charge 5.
Senior lawyer Khandaker Mahbub Hossain previously represented Azharul Islam, while the late Mahbubey Alam appeared for the state.
Azharul Islam submitted a 23-page review petition on 19 July 2020, raising 14 grounds for reconsideration. On 26 February this year, the court granted him permission to appeal the death sentence, which has now entered the final stages of hearing.
