The government yesterday filed a review petition with the Supreme Court against its verdict that commuted the death penalty of war crimes convict Delwar Hossain Sayedee to imprisonment until death for wartime offences.In the review petition the government has sought death penalty for Jamaat leader Delwar Hossain Sayedee for crimes his involvement in crimes against humanity committed during the 1971 Liberation War.
The attorney general’s office yesterday submitted the review petition to the related branch of the apex court against its verdict that commuted his death penalty to imprisonment till his death.
After filing the petition, deputy attorney general Ekramul Haque Tutul told reporters that the review petition contains a total of 653-page along with five legal grounds so that the court considers the prayer seeking death penalty for Sayedee.
Now, the apex court will fix a date for hearing on the review petition.
Earlier, on December 31 last year, the Supreme Court released the full copy of its verdict that commuted the death penalty to imprisonment until death for Jamaat leader Delawar Hossain Sayedee in connection with crimes against humanity committed during the War of Liberation in 1971.
The apex court released its full judgment, which commuted Sayedee’s death sentence to imprisonment until death, after the all five judges have put their signature on 614-page verdict’s copy.
Among the five judges, Justice Abdul Wahhab Miah wanted to acquit Sayedee of all charges but Justice AHM Shamsuddin Choudhury supported the death penalty for him.
However, the then Chief Justice Md Muzammel Hossain, Justice Surendra Kumar Sinha and Justice Hasan Foez Siddique reduced the death penalty to imprisonment until death.
In his verdict, Justice Abdul Wahhab Miah said, “I conclude that the prosecution failed to prove the charges brought against the accused in charge Nos.6, 7, 8, 10, 11, 14, 16 and 19 beyond reasonable doubt and as such, he is entitled to be acquitted of all those charges. Accordingly, the accused is found not guilty of those charges and he is acquitted,” he added.
“In the full verdict the apex court said that criminal appeal filed by Sayedee is allowed in part by majority. Appellant- Allama Delwar Hossain Saydee is acquitted of charge Nos.6, 11 and 14 and part of charge No.8 by majority. Appellant-Allama Delwar Hossain Saydee is sentenced to 10(ten) years rigorous imprisonment by majority in respect of charge No.7. Appellant-Allama Delwar Hossain Saydee’s sentence in respect of charge No.8 is altered to 12(twelve) years rigorous imprisonment by majority. Appellant-Allama Delwar Hossain Saydee’s sentence in respect of charge No.10 is commuted to imprisonment for life rest of his natural life by majority. Appellant-Allama Delwar Hossain Saydee is sentenced to imprisonment for life rest of his natural life in respect of charge Nos.16 and 19 by majority,” according to the full text of the apex court verdict.
Earlier, attorney general Mahbubey Alam told reporters that they would file review petition seeking death penalty for Sayedee after releasing the full copy of the apex court verdict.
A five-member bench led by the then Chief Justice Md Muzammel Hossain in a short verdict by majority on September 17, 2014 commuted Sayedee’s death sentence.
The International Crimes Tribunal on February 28, 2013 handed down death sentence for Sayedee on three charges of crimes against humanity.