With his review petition rejected by the Supreme Court, former al-Badr vigilante Mohammad Kamaruzzaman can only seek presidential clemency for his war crimes as a last resort to escape the noose.
Family members met him at the Dhaka Central Jail yesterday evening after the Appellate Division upheld the Jamaat leader’s death penalty for killing 144 people at Sohagpur village in Sherpur during the 1971 Liberation War.
Informed by the jail authorities, 16 members of his family went to the jail at 6:25pm and stayed until 7:45pm.
After the family meeting, Kamaruzzaman’s son and a daughter showed V-sign. Eldest son Hasan Imam Wafi said family members were not anxious and that his father was fine both physically and mentally.
He alleged that the judgement was delivered upon the government’s directives and that everyone involved, including the prime minister, would have to face consequences. “They will also have to face divine justice.
“The charge [Sohagpur killings] for which he has been sentenced to death is baseless. Even the judgement given by the government is historically baseless. He has been denied justice,” Wafi claimed.
About seeking presidential mercy, he said: “My father will talk to his lawyers and decide. There is no question of repenting. He did not commit any crime...”
The authorities, however, did not allow defence counsels to meet him, declining an application.
Senior Jail Superintendent Farman Ali told reporters at 8pm that the family was allowed to meet the convict as is allowed after the verdict.
The official said he had not received a copy of the verdict and so could not take any step to execute the judgement. He assured reporters that the jail authorities were, however, standing ready to execute the sentence. “It is possible to execute the sentence even tonight [meaning Monday night].”
Asked why the lawyers were barred from meeting Kamaruzzaman, he said: “We are considering the matter. They can see him later too.”
If Kamaruzzaman does not seek presidential clemency admitting the crimes or if the mercy petition is rejected, he will be the second war criminal to be hanged. His colleague and counterpart, another assistant secretary general fo Jamaat, Abdul Quader Molla was executed on December 12, 2013. Molla had not sought clemency.
Earlier in the day, a four-member Appellate Division bench headed by Chief Justice Surendra Kumar Sinha dismissed the review petition.
Jamaat, a key ally of the BNP-led 20-party alliance, has called a general strike for today and tomorrow in protest against the judgement.
In the evening, Supreme Court sources and jail authorities confirmed that the verdict would not executed since the judges had not signed the order.
Sources in the apex court said it might take a day or two for the verdict copy to reach the Dhaka Central Jail.
Talking to the Dhaka Tribune, Supreme Court Registrar Syed Aminul Islam said he had not received a copy of the judgement.
Farman Ali said they would inform Kamaruzzaman upon obtaining the copy of the verdict and ask him whether he would seek clemency. “We can consider his execution only after receiving a copy of the verdict.”
As per the jail code, a convict gets seven days to seek mercy after the jail authorities receive the death warrant and communicate it to the convict.
Following the pronouncement, Attorney General Mahbubey Alam told reporters that there was no legal bar for the government to execute Kamaruzzaman. “But, if he seeks mercy, he will not be executed until the president gives his decision on it.
“The prison authorities will give him reasonable time to decide. If he does not seek mercy or the president rejects his mercy petition, the jail authorities will allow his family members to meet him for the last time,” he said.
“No fresh death warrant is needed since the tribunal issued it on February 19,” Mahbubey said.
Kamaruzzaman was a key organiser of the infamous al-Badr militia that actively engaged against the liberation forces and perpetrated war crimes in greater Mymensingh area. The armed group, formed with members of Islami Chhatra Sangha – then Jamaat’s student wing, was responsible for systematic abduction, torture and murder of freedom fighters, intellectuals and pro-liberation people during the Liberation War.
The war crimes tribunal on May 9, 2013 awarded Kamaruzzaman death penalty on two out of five charges proved against him. He was sentenced to life term for two charges and 10 years’ imprisonment in another. The Jamaat leader was acquitted of two charges.
Kamaruzzaman challenged the verdict at the Appellate Division on June 6, 2013. The apex court upheld the tribunal verdict on November 3 last year but commuted his death sentence to life term imprisonment on one charge – the abduction and killing of Golam Mostafa.
The Jamaat leader was given capital punishment for the massacre of Sohagpur, now known as “Bidhoba Palli,” or the village of widows. He advised members of al-Badr and razakar forces on July 25, 1971 to commit a large-scale massacre in association with the Pakistani occupation forces at Sohagpur under Nalitabari upazila in Sherpur.
The collaborators murdered 164 unarmed civilians, 44 of whom have been named, and raped many women.