The Appellate Division of the Supreme Court has acquitted Jamaat-e-Islami leader ATM Azharul Islam from a previous death sentence in a case concerning crimes against humanity committed during Bangladesh’s 1971 Liberation War.
The verdict was announced on Tuesday by a full bench of seven justices, led by Chief Justice Dr Syed Refaat Ahmed. The bench included Justices Md Ashfaqul Islam, Zubayer Rahman Chowdhury, Md Rezaul Haque, Imdadul Haque, Md Asaduzzaman, and Farah Mahbub.
While delivering the ruling, the court issued four key observations:
Previous rulings had fundamentally altered the structure of the criminal justice system across the Indian subcontinent, including in Bangladesh—something the court deemed a grave error.
ATM Azharul Islam was sentenced to death without a thorough assessment of the evidence and testimonies presented in court.
The ruling described the original verdict as a "travesty of truth"—a severe miscarriage of justice in the name of justice.
The Appellate Division, in its earlier decision, failed to properly evaluate the evidence submitted before the court.
The Supreme Court's verdict overturns the death sentence handed down by the International Crimes Tribunal, clearing the way for Azhar’s release. According to legal experts, there are now no legal barriers preventing his freedom.
This is the first time in the country’s judicial history that a person sentenced to death for war crimes has been acquitted by the Appellate Division.
Representing Azhar in court were lawyers Mohammad Shishir Monir and Barrister Ehsan Abdullah Siddiq, assisted by Barristers Imran Abdullah Siddiq and Najib Momen. On behalf of the state, Additional Attorney General Barrister Anik R Haque and Prosecutor Gazi MH Tamim were present.
