Published : 08 Sep 2026, 06:43 PM
Updated : 16 Sep 2026, 11:48 AM
The Supreme Court's Appellate Division has postponed the appeal hearing of Abul Kalam Azad, who was sentenced to death for crimes against humanity in 1971, for four weeks.
Azad's lawyer said the court has also warned the chief prosecutor of the International Crimes Tribunal for speaking to the media about the pending case.
A four-judge appellate bench headed by Justice Md Rezaul Haque gave the order on Tuesday.
Senior lawyers Ehsan A Siddique, Imran A Siddique, lawyers Muhammad Nazibur Rahman (Najib Momen) and Mir Osman Bin Nasim were present in the court hearing on behalf of Abul Kalam Azad.
On the other hand, chief prosecutor Md Aminul Islam represented the state at the hearing.
After the deferment order, Ehsan said, "The court has adjourned the appeal hearing for four weeks. The matter will be heard again after the vacation. Then the main appeal and the application will be heard together."
The Supreme Court’s vacation starts Sept 16. The court will reconvene for regular hearings from Oct 25.
Although the stay on Azad's death sentence ends on Oct 22, his lawyer also said that the court has ordered that no action be taken against him during that period.
Regarding the court's warning to the chief prosecutor, Ehsani said: "The court has warned the chief prosecutor for speaking too openly about a pending matter in the media and he has been asked to refrain from commenting on it."
Chief Prosecutor Aminul said the court had instructed him not to make advance remarks on matters pending at the court.
"I will not make any comments in advance from now on," he said.
On Jul 6, Azad appealed against the verdict by the International Crimes Tribunal 13 years ago in a case over crimes against humanity alongside a pardon for the 4,915-day delay. The tribunal's death sentence was suspended until his appeal is disposed of.
As part of this, Azad's appeal and the suspension of his sentence was brought before the Appellate Division on Aug 17. On that day, the prosecution filed an appeal seeking the dismissal of Azad's appeal.
The matter was then listed as item No. 6 on Tuesday's agenda. After the hearing, the Appellate Division adjourned the hearing for four weeks.
Earlier, in a briefing at his office on Monday, Chief Prosecutor Aminul said that the opportunity given to Azad to surrender as a condition of filing an appeal was "illegal and not lawful."
Referring to the Tribunal Act requiring an appeal to be filed within 30 days of the verdict, he said that the government does not have the jurisdiction to issue any executive order that goes beyond the International Crimes Tribunal Act.
However, the chief prosecutor also said that the government has the authority to suspend, remit or cancel any sentence. He also said that in the previous hearing of Azad's case, the prosecution had presented the laws related to the time limit for appeal to the Appellate Division.
Azad’s case produced the first verdict of the International Crimes Tribunal after the war crimes trials began during the Awami League government. He was sentenced to death on Jan 21, 2013 after being convicted on seven of eight charges—including murder, rape, abduction, confinement, arson and looting during the Liberation War.
After the fall of the Awami League government in the 2024 student-led mass uprising, reports emerged in March 2025 that Azad had returned to Bangladesh. He subsequently applied to the Ministry of Home Affairs under Section 401 of the Code of Criminal Procedure, seeking a suspension of his sentence.
In response to the application, the then interim government suspended his sentence on Oct 22, 2025. However, the suspension was granted on the condition that he surrender to the court and file an appeal.
In accordance with the condition, Azad surrendered to the tribunal on Jan 21 this year. He later filed an appeal after applying for certified copies of the verdict and other documents needed to prepare the appeal.
