Bangladesh Supreme Court Acquits Jamaat-e-Islami Leader on Death Row in Landmark Ruling

In a dramatic turn of events, Bangladesh’s Supreme Court has acquitted A.T.M. Azharul Islam, a senior leader of the right-wing Jamaat-e-Islami (JI) party, of crimes against humanity, overturning a death sentence that had loomed over him for nearly a decade. The decision marks a major shift in the country’s turbulent political and judicial landscape following the fall of former Prime Minister Sheikh Hasina’s long-standing regime.

A Reversal After 12 Years Behind Bars

Azharul Islam, who was imprisoned in 2012 and sentenced to death in 2014, had been accused of war crimes including rape, genocide, and murder during Bangladesh’s 1971 war of independence from Pakistan. His conviction had been one of several high-profile cases under the now-defunct International Crimes Tribunal (ICT), which was widely criticized for alleged procedural flaws and political motivations.

Islam had consistently denied the charges, and his legal team pursued multiple appeals. The case was revisited in full following the collapse of Hasina’s 15-year rule last year, which ended amid a massive student-led uprising that ousted her from power and sent her into exile in India.

On Tuesday, a full bench led by Chief Justice Syed Refaat Ahmed found that the previous court’s ruling lacked sufficient evidence to uphold the conviction. The bench ordered Islam’s immediate release, triggering both celebration and renewed debate over justice and accountability in post-Hasina Bangladesh.

Political Context and Judicial Shifts

The decision comes at a sensitive moment for Bangladesh, as the country prepares for pivotal national elections by June 2026. The interim government currently in power has vowed to ensure a free and transparent electoral process, in stark contrast to the previous administration’s record of political suppression and alleged electoral manipulation.

Jamaat-e-Islami, banned during Hasina’s tenure, has re-entered the political arena and welcomed the ruling as vindication. Party leader Shafiqur Rahman said the acquittal highlighted the “injustice” faced by JI members under the former government. He also lamented the executions of five other senior political leaders, calling them “judicial killings.”

“He [Islam] got justice because he survived,” said Islam’s lawyer, Shishir Monir. “Others were not so fortunate. The appellate division failed to properly assess the evidence in those cases.”

Reckoning With the Past

The tribunal system under Hasina’s rule was controversial from the outset. While many supported its mission to bring accountability for war crimes, human rights organizations frequently raised concerns about its politicization and due process violations.

Hasina’s crackdown on political opponents — particularly leaders of Jamaat-e-Islami and the Bangladesh National Party (BNP) — led to numerous arrests, party bans, and even international condemnation. Her departure and the subsequent political transition have opened the door for legal reconsiderations and a broader reckoning with the excesses of her government.

Adding to the controversy, Hasina herself now faces charges of crimes against humanity related to the suppression of anti-government protests that resulted in more than 1,400 deaths. She has refused extradition from India, where she resides in self-imposed exile.

Forward-Looking Yet Divided

While Islam’s release has brought relief to his supporters, it has also rekindled old wounds. Critics question Jamaat-e-Islami’s historical role during the 1971 war and express concern over the potential return of figures once associated with opposition to independence.

In response, Rahman offered a guarded acknowledgment: “We, as individuals or as a party, are not beyond making mistakes,” he said, stopping short of offering a detailed apology.

Still, the acquittal is symbolic of a new chapter in Bangladesh’s political and judicial narrative—one that will likely redefine how the country confronts its complex and often painful past as it moves toward a new democratic era.

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