ATM Azharul Islam, a high-ranking leader of Jamaat-e-Islami, who had previously been charged with the most serious offenses for committing crimes against humanity in the 1971 Bangladesh Liberation War, was let out on bail on Wednesday after a historical Supreme Court judgment that set aside his death sentence.
The Supreme Court decision, handed down a day before, overturned the death penalty originally handed down by Bangladesh's International Crimes Tribunal (ICT). The decision infuriated and outraged many sections of the politically charged country, as per various local media accounts.
Azharul, who spent close to 13 years behind bars, was welcomed at the prison gates by his party followers and supporters. Directly after his release, he moved on to a rally at the historic Shahbagh junction.
This is the first instance of somebody convicted of war crimes being completely acquitted on a review petition after the overthrow of the Awami League government led by former Prime Minister Sheikh Hasina following a massive protest on August 5 last year, according to United News of Bangladesh (UNB) reporting.
Reacting to the court verdict, violent clashes broke out at Rajshahi University (RU) late Tuesday night. The altercation between leftist student factions and Islami Chhatra Shibir members of Jamaat-e-Islami student wing left a dozen or more people hurt, local sources informed.
Based on witness reports, tensions ran high when left-wing student activists, holding a torch-carrying procession to protest Azharul's acquittal, were ambushed by Shibir men, triggering a riotous exchange of stone-pelting.
RU Chhatra Union President Rakib Hasan accused the attack of being carried out by Jamaat supporters under the Anti-Shahbagh Alliance name. "The attack aimed at the peaceful procession of the Democratic Student Alliance," he said.
"The Democratic Student Alliance demanded the torch procession in protest of Jamaat leader Azharul's acquittal, which they believe weakens the 2024 mass upsurge. Around 200 Shibir activists attacked our group of 12 to 13 people suddenly during the rally. We were attacked three times and nearly everyone got hurt, with four sustaining serious injuries," he said to The Business Standard.
Fuad Ratul, Socialist Student Front convener, further stated: "Nearly all of our people in the torch procession were hurt. Four of our leaders have evident marks of injury. We totally condemn and protest this attack after the verdict."
Azharul was arrested in August 2012 in his residence in Dhaka's Moghbazar area on charges of crimes against humanity during the war. In December 2014, he was sentenced to death by the ICT for five out of nine charges filed against him.
He was held accountable for organizing mass murders, abductions, and torture in Rangpur, where more than a thousand non-combatants were said to have been killed in 1971. Accounts also implicated him in arson attacks on many homes and other atrocities during the war.
In January 2015, Azharul appealed against the verdict. Nevertheless, the Appellate Division, presided over at that time by Chief Justice Syed Mahmud, confirmed the death penalty in October 2019.
After releasing the full judgment on March 15, 2020, a review petition was filed by Azharul, which the apex court later decided to hear. The Appellate Division granted leave to appeal on February 26, 2025, and requested a summary of the case, which was thereafter submitted.
Following consideration of the petition and hearing the case, the court made its final judgment on Tuesday—acquitting Azharul of all charges under the war crimes.
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