The Supreme Court rejected the review petition filed by Jamaat leader Muhammad Kamaruzzaman, clearing the way for his execution for committing wartime crimes. A four-member bench of the Appellate Division headed by Chief Justice SK Sinha passed the order on Monday. Despite the conclusive order from the apex court, a condemned prisoner cannot be hanged without allowing him/her to seek presidential
clemency. The SC reminded the authorities concerned to follow due procedures in this regard. It said convict Kamaruzzaman cannot be hanged unless he refrains from seeking mercy or his petition is rejected by the President. Law Minister Advocate Anisul Haque said all necessary directives had already been sent to the jail authorities to execute the SC verdict which upheld death sentence of Kamaruzzaman. But the SC order rejecting the Jamaat leader’s review petition needs to be communicated with the jail and other authorities concerned in this regard. Till filing of this report last night, the judgment was not signed by the four judges of the SC bench concerned. But it will be possibly signed today (Tuesday). If the judgment is signed today, there will be headway in execution, subject to formalities of presidential clemency. SC Registrar Syed Aminul Islam told reporters that the court did not release the copy of the order. Senior Jail Superintendent Forman Ali said he was yet to get the copy of the SC order last night. Born in Sherpur on July 4, 1952, Kamaruzzaman was the president of Islami Chhatra Sangha (ICS) in greater Mymensingh in 1971. The pro-Jamaat student body was later renamed Islami Chhatra Shibir. ICS members formed AL-Badr to collaborate with the Pakistani military that committed genocide and mass killing during the War of Liberation, according to historical records. Under Kamruzzaman’s leadership, all members of ICS of greater Mymensingh district were recruited in Al Badr. He is the second war criminal in the line of execution as Jamaat leader Abdul Kader Mollah was hanged for the same offence on December 12, 2013. As per the Jail Code, a death row prisoner has a right to seek presidential mercy within seven days of pronouncement of verdict. But such provision is not applicable for any war crimes convict. On the basis of the SC judgment, the ICT should issue a death warrant to be sent to the jail authorities, the home ministry and the Dhaka District Magistrate. These formalities were earlier completed. After the SC had published its full text verdict on February 18, the ICT issued death warrant the following day. But the execution procedure was halted as the accused filed review petition against his death sentence. The government will be able to execute the death sentence as soon as possible. Section 20 (3) of the International Crimes Tribunal Act 1973 vested authority on the government to execute a war-crimes convict. As part of preparedness, the family members of Kamaruzzaman were allowed to meet him on Monday evening. However, his lawyers failed to get permission to go inside the jail. At this stage, the defence counsels actually have no function. Nine family members and five Jamaat leaders went to meet him. After receiving a letter sent by the prison authorities, the family members went there. They entered the jail at around 7:45 pm and came out after an hour-long meeting. His family members included his wife Nurun Nahar, two sons Hasan Ikbal Wami and Hasan Imam Wafi, daughter Atia Nur and niece Roksana Zebin. Hasan Ikbal Wami said his father is not tensed and worried at all. He is physically and mentally fit. Asked about the last wish of his father, he said Islamic rule will be established in Bangladesh some day. About mercy petition, he said his father will take the decision after consulting with his lawyers. He said the defence counsels are likely to be permitted to meet his father. Brief Background Kamaruzzaman was arrested on July 13 in 2010 from outside the High Court area in a case for committing massacre at Pallabi in Dhaka in 1971. On May 9, 2013, the Tribunal-2 found Kamaruzzaman guilty in five of the seven charges pressed against him and sentenced him to death on two charges, life term in two and 10 years' imprisonment in another. Kamaruzzaman appealed to the apex court on June 6, 2013, and the SC upheld the tribunal verdict on November 3, 2014, but commuted one death sentence to life term imprisonment. The Jamaat leader filed the petition seeking review of the SC decision on March 5. Sohagpur Episode In the early morning of July 25, 1971, Kamaruzzaman advised members of Al-Badr and Razakar [another auxiliary force] to commit a large-scale massacre, in collaboration with Pakistani troops, in Sohagpur village of Nalitabari upazila of Sherpur. He along with Pakistani forces murdered 164 unarmed civilians, 44 of whom are named, and raped women. As a result, the village was named a “widow village.” Many widows adduced their evidence with tearful eyes against him in the tribunal. The family of death-row convict M Kamaruzzaman comes out of Dhaka Central Jail after meeting him on Monday night.sun Photo
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