The International Crimes Tribunal-2 on Wednesday upheld a government order staying the execution of the death sentence of war crimes convict Abul Kalam Azad, also known as Bachhu Razakar.
The home ministry granted the stay on October 22, 2025, following a presidential order, halting the execution of the tribunal’s first verdict delivered in absentia on January 21, 2013, according to Bachhu’s lawyers.
Bachhu was sentenced to death as he was found guilty of committing crimes against humanity during the country’s Liberation War in 1971 in Faridpur.
In 2013, the 65-year-old fugitive, Bachchu, was found guilty of killing 14 Hindus, raping two women, torturing two other persons and setting homes ablaze in Faridpur, his birthplace.
Bachhu was the first among hundreds of people, mostly top Bangladesh Jamaat-e-Islami leaders, sentenced by the International Crimes Tribunals during the Awami League’s 15 years in power.
Bachhu is also an Islamic preacher.
On Wednesday, the International Crimes Tribunal-2 ordered that a copy of the verdict be provided to Bachhu so that he can file an appeal against his conviction and death sentence.
The three-member tribunal, headed by Justice Nozrul Islam Chowdhury, passed the order after Bachhu appeared before the tribunal seeking the necessary documents to file his appeal.
The tribunal said that Bachhu’s legal status would remain unchanged.
The tribunal first ordered Bachhu to be kept in jail until filing an appeal and the Appellate Division would decide about his bail petition.
The tribunal observed that the government had no authority to suspend any ICT proceedings by invoking section 401 of the Code of Criminal Procedure as there was a bar under section 23 of the International Crimes (Tribunals) Act, 1973 which stipulates the Code of Criminal Procedure and the Evidence Act will not be applicable to the ICT proceedings.
Bachhu’s lawyer, Mashiul Alam, argued that his client remained free as the home ministry, acting under section 401 of the Code of Criminal Procedure, had suspended his sentence for one year on October 22, 2025 to facilitate filing an appeal, following a recommendation from the law ministry.
Prosecutor Gazi Monwar Hossain Tamim supported Bachhu’s position, citing Article 20(3) of the International Crimes (Tribunals) Act, 1973, which says that sentences under the act shall be carried out in accordance with government orders.
The tribunal rebuked the prosecutor, saying that only the president, not the government, has the authority to suspend a sentence handed down by the ICT.
The tribunal further observed that the government had no power to suspend ICT proceedings, as Article 23 of the ICT Act bars the application of the Code of Criminal Procedure, 1898, and the Evidence Act, 1872 to tribunal proceedings.
Tamim argued that the government carried out the tribunal’s judgement by suspending Bachhu’s sentence.
Following this, Bachhu’s lawyer corrected his submission and said that the home ministry had issued the order on the instruction of the president. It was the president’s order, not the home ministry’s order, Mashiul argued.
He also apologised to the tribunal for the earlier mistake.
The tribunal then upheld the government order staying the execution of his death sentence.
Bachhu appeared before the tribunal on Wednesday morning and was kept in the lock-up. He was later allowed to wait in his private car until the tribunal resumed proceedings at about 3:00pm.
After the hearing, police escorted him from the tribunal dock. He was seen leaving the court smiling and shaking hands with his lawyer after the tribunal kept his sentence suspended.
