An ‘unprecedented’ event is unfolding in the legal arena of Bangladesh, centering the review petition filed by ATM Azharul Islam, a leader of Jamaat-e-Islami who was sentenced to death for crimes against humanity. The incident, driven by Jamaat's demand for Azharul's release, has raised several questions and sparked debates.
On 23 February, a three-member Appellate Division bench, led by senior justice Md Ashfaqul Islam, scheduled the hearing for Azharul's review petition for 25 February. The issue of the review petition hearing was raised by the chief prosecutor of the International Crimes Tribunal, Mohammad Tajul Islam. (Prothom Alo Online, 23 February 2025)
During the trial for crimes against humanity committed during the Liberation War, Tajul Islam had represented Azharul as his defence lawyer.
On 5 September, the interim government appointed Tajul Islam as the chief prosecutor of the International Crimes Tribunal. This has raised questions among several Supreme Court lawyers about whether his involvement in Azharul's case creates a "conflict of interest" and whether it violates professional conduct codes.
Senior Supreme Court lawyer Shahdeen Malik explained to Prothom Alo that a lawyer should never switch sides in a case. He clarified that a lawyer cannot go from representing one party to representing the opposite party, and this applies equally to state lawyers or tribunal lawyers.
Shahdeen Malik further stated, "International Crimes Tribunal cases are highly sensitive, and more caution should have been exercised in this matter. A check by the Bar Council is needed to determine whether any lawyer has violated professional conduct and ethics in Azharul’s case."
On 30 December 2014, the International Crimes Tribunal sentenced Azharul to death for crimes against humanity during the Liberation War. Azharul filed an appeal against the verdict on 28 January 2015. After hearing the appeal, the Appellate Division upheld the death sentence on 31 October 2019.
The Bangladesh Bar Council, as the "regulatory body," oversees the professional conduct and ethics of lawyers. According to Chapter 2, Section 2 of the Bar Council's professional conduct and ethics regulations, it is stated that, "If a lawyer has confidential information about a case while representing a client, they cannot later represent the opposite party in that case."
Similarly, Section 4 of the same chapter states that "A lawyer cannot represent two parties involved in contradictory matters."
Interestingly, the chief prosecutor represents the plaintiff in International Crimes Tribunal cases. Therefore, although Tajul Islam is not formally participating in the review hearing for Azharul, he is automatically the plaintiff in this case. In other words, after his appointment as chief prosecutor, Tajul Islam has become the lead lawyer for the plaintiff in the cases where he was previously the defence lawyer.
Tajul Islam's involvement in Azharul’s case has created an "unprecedented" situation, and it is being viewed as a clear violation of the Bar Council's conduct and ethics, according to Supreme Court lawyer Barrister Jyotirmoy Barua.
He told Prothom Alo, "The appointment of those who were previously defense lawyers for individuals accused of crimes against humanity to the position of prosecutor in the International Crimes Tribunal raises several questions. The appropriateness of such appointments, whether they are morally right or create a conflict of interest, should have been considered before the interim government's decision."
Contempt of court allegations against Tajul Islam
On 30 December 2014, the International Crimes Tribunal sentenced ATM Azharul Islam to death for crimes against humanity. Tajul Islam was accused of contempt of court for making disparaging comments about the verdict. However, he was exonerated after apologising unconditionally. (Prothom Alo, 5 May 2015)
Tajul Islam was known as a lawyer with close ties to Jamaat. He had represented several Jamaat leaders who were tried by the tribunal. In 2019, Jamaat’s "reformist" members formed a new platform called "People's Aspiration Bangladesh." A year later, in 2020, they announced the formation of the "AB (Amar Bangladesh) Party," with Tajul Islam as the joint convener. After his appointment as chief prosecutor, Tajul Islam resigned from this party.
Timeline of Azharul’s case
On 30 December 2014, the International Crimes Tribunal sentenced Azharul to death for crimes against humanity during the Liberation War. Azharul filed an appeal against the verdict on 28 January 2015. After hearing the appeal, the Appellate Division upheld the death sentence on 31 October 2019.
After the full verdict was published, Azharul filed a review petition with the Appellate Division on 19 July 2020. On 23 January 2025, the Appellate Division scheduled the hearing for 20 February 2025. However, the hearing on his review petition began on 25 February 2025. Azharul is currently in prison.
Demands for Azharul’s release and contempt of court
On 18 February, Jamaat held protests in several districts demanding Azharul's release. On 25 February, Jamaat announced a "mass sit-in" in front of the chief advisor’s office, also demanding Azharul’s release. On that day, Jamaat's Amir, Shafiqur Rahman, had announced that he would voluntarily surrender to the authorities. However, both protests were called off on 24 February.
This political campaign, announced while the matter is still under judicial consideration, has raised questions from various quarters.
In response, former Appellate Division justice Md Abdul Matin told Prothom Alo, “If someone is dissatisfied with a court verdict, they have the opportunity to seek legal redress. If the review is rejected, they can seek presidential clemency. But instead of pursuing those legal options, announcing a political campaign puts pressure on the court, which amounts to contempt of court.”
**Monzurul Islam is Senior Sub-Editor at Prothom Alo
* *This column appeared in the print and online edition of Prothom Alo and has been rewritten for the English edition by Rabiul Islam