A five-member bench, led by Chief Justice Syed Refaat Ahmed, passed the order following a petition to review the court’s previous verdict, which upheld the International Crimes Tribunal's (ICT) decision to sentence Azharul to death.
Azharul's legal team, including Barrister Ehsan A Siddiq, SM Shahjahan, and Mohammad Shishir Manir, represented him in the proceedings. On July 19, 2020, Azharul filed a 23-page review petition citing 14 grounds for reconsideration of the judgment.
During the proceedings, lawyer Shishir Manir argued that the testimonies of the witnesses did not fully support the charges against Azharul.
The Appellate Division had confirmed Azharul’s death sentence on October 31, 2019, in a majority verdict delivered by a four-member bench led by then-Chief Justice Syed Mahmud Hossain. This decision came nearly five years after Azharul was convicted by ICT-1 for his involvement in crimes in Rangpur during the war. The Supreme Court upheld four of the charges against Azharul, while acquitting him of one.
The full text of the verdict was released on March 15, 2020, which opened the door for Azharul to file a review petition.
Azharul, who was allegedly the commander of the Al-Badr militia and president of Chhatra Sangha (the student wing of Jamaat-e-Islami) in Rangpur during the war, is among several individuals convicted for their involvement in war crimes. Previously, high-profile leaders such as Motiur Rahman Nizami, Abdul Quader Mollah, Muhammad Kamaruzzaman, Ali Ahsan Mohammad Mojaheed, Mir Quasem Ali, and BNP leader Salauddin Quader Chowdhury were executed following Supreme Court rulings for crimes committed during the 1971 Liberation War.