The Appellate Division of the Supreme Court (SC) on Tuesday reconfirmed death penalty of Mir Quasem Ali, an infamous Al-Badr leader of Chittagong, for committing crimes against humanity during the country's Liberation War in 1971.
The apex court dismissed the review petition in the morning and also released the full text of its verdict in the afternoon paving way for the government to proceed with his execution.
The 29-page verdict was released after its five judges including Chief Justice Surendra Kumar Sinha, Justice Syed Mahmud Hossain, Justice Hasan Foez Siddique, Justice Mirza Hussain Haider and Justice Mohammad Bazlur Rahman signed it.
"The verdict has been sent to the International Crimes Tribunal as per process," Sabbir Faiz, Deputy Registrar of the High Court division of the Supreme Court, told The Daily Observer in the evening.
Now there is no bar to begin the process of execution of Quasem for the abduction, torture and killing of teenage freedom fighter Jasim Uddin Ahmed during Bangladesh's nine-month War of Independence from Pakistan.
The verdict left the 64-year-old Jamaat moneyman with only to plea for clemency from the President as the last resort to save his neck. The government will execute the sentence if he does not seek clemency by repenting for his crimes or the president rejects his petition.
"We found him guilty. Conviction is maintainable. Petition is dismissed," the Chief Justice said after taking seat at 9am when the courtroom was jam-packed with huge attendance of lawyers, journalists, freedom fighters and some family members of the war victims.
In instant reactions to media Attorney General Mahbubey Alam said the judgment relieved him as Ali received what he actually deserved.
"Yes, now I am relieved. I am happy that we have been able to prove the fact that Mir Quasem himself tortured and killed people in his torture camp situated at Mohamaya Dalim Hotel and all the crimes committed in that den was ordered by him," Alam said.
But Khandaker Mahbub Hossain, lawyer of the convict, claimed that the death penalty verdict for his client has been "taken away by false allegations and false depositions."
"The future, the future generation and those who are in the law sectors across the world will evaluate whether the verdict was justified or not," he said.
Regarding the verdict, he said that it is not possible for him to say that the verdict by the Appellate Division is "not right". "According to law, whatever verdict the apex court delivers is the justice," he added.
In the full text of the judgment on the review petition the SC observed that there was no scope for commuting his sentence as it found him guilty as "principal offender in committing crimes against humanity".
"If any person commits crimes against humanity and if the court finds that the offender directly participated in such crimes the court is left with little discretion in awarding the minimum sentence particularly in respect of serious crimes," the apex court observed.
The verdict added: "The petitioner (Ali) was one of the organizers of Al-Badar force at Chittagong, and this force was raised with the aim and object of killing pro-liberation forces and minority community. The force was known as 'killing squad'."
The apex court in its observation also mentioned that the accused not only organized the force at Chittagong but also he had commanded the force and directly participated in the perpetration of most barbarous acts unknown to human civilization.
"He does not deserve any leniency on the question of sentence on consideration of the nature and gravity of the offence," it read.
The SC has made a correction in the review verdict regarding Charge No. 14, under which Mir Qusaem was sentenced to 10 years imprisonment for leading a group of Al-Badr members in abducting Nasiruddin Chowdhury from his house in late November 1971 and torturing him at Dalim Hotel. Nasiruddin was released along with more than 100 others on December 16 by the locals. It was not mentioned in the operating part of the verdict. This has been corrected in the review verdict.
Hailed from Munshidangi Sutalori of Harirampur upazilla in Manikganj, Mir Quasem joined Islami Chhatra Sangha (ICS), the then student wing of Jamaat, in 1967, when he was a student of Chittagong Collegiate School.
He along with his cohorts from ICS and Jamaat, set up torture camps at different locations in Chittagong town and used to detain, persecute and kill pro-independence people there and dump their bodies to Karnaphuli river.
Mir Quasem was found guilty of committing crimes against humanity during the 1971 Liberation War by the International Crimes Tribunal (ICT)-2 and was sentenced to death on November 2, 2014.
He later filed an appeal with the SC against his conviction. The apex court on March 8, 2016, upheld his death. On June 6, 2016, the apex court released the full text of its 244-page judgement. The tribunal also issued death warrant on the same day against Jamaat-e-Islami leader.
The SC on Wednesday started hearing the review petition filed by Mir Quasem on June 19. The death-row convict is currently now in Kashimpur prison in Gazipur.
