Questions (?) on Tazul Islam’s Involvement in ATM Azharul’s Case!

An unprecedented event is taking place in Bangladesh’s legal arena. This concerns the hearing of the review petition filed by Jamaat-e-Islami leader ATM Azharul Islam, who was sentenced to death for crimes against humanity. Jamaat’s demand for Azharul’s release has sparked various questions and controversies.

On February 23, a three-member Appellate Division bench, led by Senior Justice Md. Ashfaqul Islam, set February 25 for the hearing of Azharul’s review petition. The issue of the review hearing was raised by Chief Prosecutor of the International Crimes Tribunal, Mohammad Tazul Islam. (Prothom Alo Online, February 23, 2025)

During the trial of Azharul for crimes against humanity committed during the Liberation War, his defense lawyer was Tazul Islam. On September 5, the interim government appointed Tazul Islam as the Chief Prosecutor of the International Crimes Tribunal. This has raised concerns among Supreme Court lawyers about a possible conflict of interest and whether he has violated professional ethics.

When asked about this, Senior Supreme Court lawyer Shahdeen Malik told Prothom Alo, “A lawyer cannot switch sides in a case. If someone has represented a defendant, they cannot later work against that defendant. This applies equally to state prosecutors and tribunal lawyers.”

He added, “Cases related to the International Crimes Tribunal are extremely sensitive. Therefore, extra caution should have been exercised. Whether any lawyer has violated professional ethics in Azharul’s case should be examined by the Bar Council.”

Violation of Professional Conduct

The Bangladesh Bar Council, as the regulatory body, oversees the professional ethics and conduct of lawyers. According to Chapter 2 (Conduct Toward Clients), Clause 2 of the Bar Council’s Professional Conduct Rules,

“If a lawyer has acquired confidential information related to a current or former client’s case, they cannot act as a lawyer against that client in any matter relying on that information.”

Clause 4 of the same chapter states,

“A lawyer cannot represent conflicting interests in different cases.”

Notably, in the International Crimes Tribunal cases, the Chief Prosecutor represents the prosecution. Even though Tazul Islam did not formally participate in the review hearing, he is now effectively the lead prosecutor against Azharul. This means that after defending Azharul as a lawyer, he has now become the chief legal representative against him as the Chief Prosecutor.

Supreme Court lawyer Barrister Jyotirmoy Barua described Tazul Islam’s involvement in Azharul’s case as “unprecedented” and a clear violation of the Bar Council’s professional conduct rules. Speaking to Prothom Alo, he said that appointing former defense lawyers of war criminals as prosecutors in the International Crimes Tribunal has raised ethical concerns. The interim government should have considered whether such an appointment was appropriate and whether it would create a conflict of interest.

Contempt of Court Allegations Against Tazul Islam

On December 30, 2014, the International Crimes Tribunal sentenced ATM Azharul Islam to death for crimes against humanity. Following this verdict, Tazul Islam was accused of contempt of court for making derogatory comments about the ruling. However, he was later pardoned after offering an unconditional apology. (Prothom Alo, May 5, 2015)

Tazul Islam was known as a lawyer close to Jamaat-e-Islami. He represented several Jamaat leaders during their trials at the tribunal. In 2019, Jamaat’s reformist faction launched a new platform called Jan-Akankhar Bangladesh (People’s Aspiration for Bangladesh). A year later, in 2020, they announced the formation of the Amar Bangladesh (AB) Party, where Tazul Islam served as a joint convenor. However, he resigned from the party after being appointed Chief Prosecutor of the Tribunal.

Timeline of Azharul’s Case

• On December 30, 2014, the International Crimes Tribunal sentenced ATM Azharul Islam to death for crimes against humanity during the Liberation War.

• On January 28, 2015, he appealed the verdict.

• After hearing the appeal, the Appellate Division upheld his death sentence on October 31, 2019.

• Following the full verdict’s publication, Azharul filed a review petition on July 19, 2020.

• On January 23, 2025, the Appellate Division set February 20, 2025, for the review hearing.

• The hearing eventually started on February 25, 2025.

• Azharul remains in prison.

Calls for Azharul’s Release and Allegations of Contempt of Court

Jamaat-e-Islami held protest marches in various districts on February 18 demanding Azharul’s release. They also planned a sit-in protest on February 25 in front of the Chief Advisor’s Office. Jamaat Ameer Shafiqur Rahman even announced that he would voluntarily surrender on that day in protest. However, both programs were withdrawn on February 24.

The announcement of political programs regarding a matter under the Supreme Court’s jurisdiction has raised concerns in different quarters.

Former Supreme Court Justice Md. Abdul Matin told Prothom Alo, “If someone is dissatisfied with a court verdict, they have legal avenues for redress. If a review petition is rejected, they can appeal for presidential clemency. However, choosing political agitation instead of legal procedures puts pressure on the judiciary, which amounts to contempt of court.”

(The above article was written by Manzurul Islam, Senior Editor of Prothom Alo, and was published in Prothom Alo in Bengali.)