The Appellate Division of the Supreme Court (SC) on Monday upheld the death penalty of senior assistant secretary general of Jamaat-e Islami Muhammad Kamaruzzaman awarded by the International Crimes Tribunal, for committing war crimes, including mass murder, during the 1971 independence War.The Supreme Court's rejection of Mohammad Kamaruzzaman's appeal means that he will now be hanged within months, if the case is not reviewed again or he is granted clemency by the president.
A four-member SC bench, led by Justice Surendra Kumar Sinha pronounced the judgment.
The three other judges are--Justice Md Abdul Wahhab Miah, Justice Hasan Foez Siddique and Justice AHM Shamsuddin Choudhury Manik.
Kamaruzzaman was found guilty of mass murder, torture and abductions.
The Appellate Division acquitted Kamaruzzaman for Badiuzzaman killing under charge 1. Earlier, he got life sentence for the charge.
The apex court upheld the tribunal verdict of charge no 2 and 7 by majority opinion.
Kamaruzzaman was sentenced to death by majority opinion under charge no 3 for Sohagpur mass killing.
The top court gave life sentence to the Jamaat leader under charge no 4 for Golam Mostafa killing. Earlier, he was awarded death sentence by the tribunal for the charge.
"His death penalty was upheld by a majority decision of the SC. We are extremely disappointed," defence lawyer Tajul Islam told Observer Online, adding that they would appeal for a review.
Chief Prosecutor Ziad Al-Malum has said there is no scope to file a review petition against the final verdict awarded to Jamaat-e-Islami leader Kamaruzzaman for war crimes.
Another prosecutor said: "After getting the copy of Supreme Court order on Quader Molla's review petition, the matter will be cleared."
The judgement copy on Quader Molla's review petition is yet to be released from the Supreme Cout.
On May 9 last year, the Tribunal-2 handed down capital punishment to Kamaruzzaman for his superior role in committing crimes against humanity during the Liberation War in 1971.
On June 6 in last year, the war crimes convict submitted appeal to the apex court challenging the verdict of the Apex court.
Out of the seven charges, the tribunal found Kamaruzzamn guilty in five charges of murder, mass killing, abduction and torture while got acquittal in two charges -- abduction and torture of Liakat Ali and Mujibur Rahman Panu in Chwakbazar of Sherpur and Tunu and Jahangir in Golkibari of Mymensingh.
The tribunal imposed death sentence to Kamaruzzaman on two charges -- for mass killing in Shohagpur, which has since become known as the 'Village of Widows' after at least 120 unarmed male farmers were lined up and slaughtered in paddy fields in July, 1971 and for abduction, torture and killing of Golam Mustafa Talukder in the village Gridda Narayanpur of Sherpur in August 1971.
TF/QH