The Appellate Division of the Supreme Court on Sunday barred the release of five former members of the Dhaka Metropolitan Police, who were earlier convicted by the International Crimes Tribunal for their involvement in killing protesters in the capital’s Chankharpool area during the 2024 mass uprising.

The apex court passed the order allowing a provisional appeal filed by the chief prosecutor of the International Crimes Tribunal, challenging the short jail terms awarded by the tribunal to the five convicts.

The court ruled that the five will remain in jail until the disposal of the prosecution’s appeal seeking enhancement of their sentences, chief prosecutor Muhammad Tajul Islam quoted the order.

The Appellate Division’s chamber judge, Justice Md Rezaul Haque, passed the order after hearing the appeal moved by Tajul Islam.

The five convicts are former Ramna assistant commissioner Mohammad Imrul, Shahbagh police station inspector (operations) Arshad Hossain, and suspended constables Sujan Hossain, Imaz Hossain Imon, and Nasirul Islam.

On January 26, the ICT-1 sentenced Imrul to six years’ imprisonment, Arshad to four years, and the three constables to three years each for committing crimes against humanity by killing unarmed protesters in the Chankharpool area.

Tajul further said that the Appellate Division also accepted another prayer of the prosecutor, ruling that ICT-1’s observations on Sujan Hossain’s lesser sentence would not apply to other pending cases related to the July mass uprising.

In its verdict, the tribunal noted that Sujan, who had joined the police only months earlier, was not in a position to refuse orders from his superiors.

However, the tribunal also observed that Sujan was seen rejoicing and cheering when his bullets hit protesters.

The tribunal held that the subordinate officers were liable to the extent of their complicity, but not as principal offenders.

It further observed that identifying which specific bullets killed which victims was not necessary to establish crimes against humanity.

In the same case, ICT-1 sentenced former DMP commissioner Habibur Rahman, former joint commissioner Sudip Kumar Chakraborty, and former Ramna assistant deputy commissioner Shah Alam Md Akhterul Islam to death for their superior command responsibility in the Chankharpool operation.

The operation left six protesters dead and several others injured.

The tribunal also ordered the confiscation of their properties to the state exchequer. All three death sentence recipients are still at large.

Earlier, families of martyrs of the 2024 mass uprising expressed dissatisfaction with the ICT verdict and demanded a review.

In a memorandum submitted to the tribunal registrar on Tuesday, they said that they were deeply concerned and frustrated at the verdict.

They said the judgement was contrary to the spirit of the July mass uprising and had caused pain to the families of more than 1,400 martyrs.

They also warned that the verdict could set a negative precedent for future trials of crimes against humanity.