A Delhi Court on Monday awarded death penalty to Ariz Khan for the murde r of Inspector Mohan Chand Sharma, who died while leading the raiding police team at Batla House in Delhi in 2008 , terming the offence as “rarest of the rare case”.
“Convict (Khan) on account of his despicable act has forfeited his right to live. After balancing mitigating circumstance against aggravating circumstances, it is concluded that it is a rarest of rare case where convict deserves maximum sentence provided under the law,” Additional Sessions Judge Sandeep Yadav said.
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The judge said, “The most appropriate sentence for convict like Ariz Khan will be death penalty.”
The Special Cell of the Delhi police had arrested Khan along the India-Nepal border on February 13, 2018 after about a decade on the run.
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Two suspected Indian Mujahideen (IM) terrorists were killed and two were arrested when a team of the Special Cell raided a hideout of bomb blasts suspects at Batla House on September 19, 2008. Khan and another alleged IM operative Shehzad were also present at the hideout but had managed to escape.
“It has been proved on record that convict along with his accomplices fired at police officials on duty without any provocation. It is pertinent to mention here that the police team led by deceased Inspector Mohan Chand Sharma had gone to the place of occurrence only to nab the persons involved in Delhi blast cases,” the court said.
Also read: Batla encounter case: chronology of events
“Police officials had no intention to kill the occupants of the flat,” the court said, adding, “This is clear from the fact that the deceased Inspector Mohan Chand Sharma who was leading the police team knocked the door at the flat and disclosed his identity saying ‘ darwaza kholo police hai’ .”
The court highlighted that some of the members of the advance team were not even carrying arms and that police officials did not fire at accomplice Mohd. Said, who had locked himself inside the bathroom and surrendered before the police officials.
“It is, therefore, obvious that convict Ariz Khan alongwith his accomplices fired at police officials without being challenged, instinctively and while doing so killed one of the raiding police officials,” it said.
“The offence proved against accused is not an ordinary act but a crime against the State. Convict, while committing offence acted like a dreaded and well trained terrorist who does not deserve any leniency,” the court said.
It also reminded that deadly weapons like AK-47 and two pistols were retrieved from the flat where the shoot out took place.
“Considering the nature of devastation that these weapons can cause, it will be safe to conclude that these weapons were kept in the flat with a view to indulge in terrorist and anti-social activities,” the court said.
The court also imposed a total fine of ₹11 lakh on Khan out of which ₹10 lakh will be released as compensation to the wife of the deceased officer.
A trial court in July 2013 had sentenced IM terrorist Shahzad Ahmed to life imprisonment in connection with the Batla House encounter case. His appeal against the trial court's verdict is pending in the High Court.
