Verdict published in Azhar's acquittal case, no bar to release

The Supreme Court's Appellate Division has published the short version of its final verdict acquitting former Assistant Secretary General of Jamaat-e-Islami, ATM Azharul Islam, in a case of crimes against humanity committed during the 1971 Liberation War. With this verdict now released, there is no longer any legal barrier to his release from prison.

In its three-page short verdict, the Appellate Division stated, "The appellant ATM Azharul Islam is acquitted of all charges and is to be released from prison immediately."

The short verdict was published on Tuesday afternoon (May 27), signed by Chief Justice Dr. Syed Refaat Ahmed and six other justices of the Appellate Division.

The other six justices are, Justice Md. Ashfaqul Islam, Justice Zubayer Rahman Chowdhury, Justice Md. Rezaul Haque, Justice Imdadul Haque, Justice Md. Asaduzzaman, and Justice Farah Mahbub.

Earlier that day, the Appellate Division overturned the International Crimes Tribunal’s previous verdict that had sentenced Azharul Islam to death.

In the short verdict, the Appellate Division stated that after a thorough re-evaluation of the material evidence and legal arguments presented, it believes that the conviction of A.T.M. Azharul Islam showed clear disregard for the fundamental principles of criminal law, which resulted in a serious miscarriage of justice.

Furthermore, the Appellate Division acknowledged its earlier failure to properly evaluate the evidence related to the charges of crimes against humanity. This failure to uphold fundamental legal standards resulted in a significant neglect of justice.

The court further stated, "With a deep sense of judicial responsibility, the highest court admits that in its previous judgment, it failed to properly present and assess the evidence and failed to prove the guilt of A.T.M. Azharul Islam. That verdict, unfortunately, did not meet the high standards required in such serious criminal proceedings and failed to uphold the principle of justice."

The court also stated that the broader context of the alleged crimes against humanity and the weaknesses in the prosecution's case were not properly considered in the earlier judgment. Therefore, in the interest of justice, it is not possible to uphold Azharul Islam's conviction and sentence.

On December 30, 2014, the International Crimes Tribunal had sentenced A.T.M. Azharul Islam to death after finding him guilty of six counts of genocide, murder, abduction, and torture committed during the 1971 war. He appealed that verdict on January 28, 2015. After hearing the appeal, the then Appellate Division upheld the death sentence on October 31, 2019.

The full verdict of that appeal was published on March 15, 2020. However, on July 19, 2020, Azharul Islam filed a review petition seeking reconsideration of that ruling. On February 26, 2024, the current Appellate Division decided to allow a fresh hearing of the appeal. This was the first time a war crimes case reached the review stage and was then allowed a re-hearing of the appeal.

The new Appellate Division heard the case on May 6 and 8. After those two days of hearings, it overturned the previous verdicts and stated that the earlier Appellate Division had failed to properly evaluate the evidence presented in the case.

ATM Azharul Islam was arrested on August 22, 2012, from his residence in Moghbazar in connection with the war crimes case. He has been in jail ever since.