Batla House Encounter: Convict Ariz Khan Moves Delhi High Court Challenging Death Sentence

Batla House Encounter convict Ariz Khan, who was sentenced to death by a trial court in connection with killing of inspector Mohan Chand Sharma, has moved the Delhi High Court challenging his sentence as well as his conviction in the matter.Filed through Advocates M S Khan and Qausar Khan, the appeal challenges the judgment of the Trial Court wherein the Court observed that it is a fit case falling in the "rarest of the rare" category, deserving the maximum sentence under the law."The most appropriate sentence for convict like Ariz Khan will be death penalty. Interest of justice will be met if convict is awarded death penalty," the Trial Court had observed in March this year.In the judgment running into 103 pages, the trial court had also observed that the natural and inescapable conclusion in the matter showed that there was no chance of reformation of convict Ariz Khan and that the abhorrent and brutal act of firing on policemen without any provocation showed that he was not only a threat to the society but also was an enemy of the State."Convict on account of his despicable act has forfeited his right to live. After balancing mitigating circumstances against aggravating circumstances, it is concluded that it is the rarest of the rare case where convict deserves maximum sentence provided under the law. It is the level of magnitude, degree of brutality, attitude and mindset of wrongdoer behind the crime alongwith other factors which makes it a rarest of rare case. Protection of society and deterring criminal is an avowed object of law and this is required to be achieved by imprisonment appropriate sentence," the Court had said.The Court convicted Ariz Khan under Sections 186, 333, 353, 302, 307, 174A , 34 of IPC and 27 of Arms Act. About the Batla House EncounterOn the fateful day of 19th September 2008, two Indian Mujahideen terrorists namely Atif Ameen and Mohd Sajid were killed during the encounter. The said encounter also claimed life of Delhi Police inspector Mohan Chand Sharma who succumbed to the bullet injuries sustained in the gunfight.On receiving the tip, a Delhi Police's Special Cell team reached flat no. 108 of L-18 Batla House headed by Inspector Mohan Chand Sharma who was later shot by one of the accused persons.After the said encounter, accused Ariz Khan alias Junaid was declared as a proclaimed offender after he managed to escape the site.Ariz Khan was then arrested by the Delhi Police in 2018 from Uttarakhand's Banbasa bordering Nepal. According to the Police, Khan had acquired a Nepali citizenship card and passport under the fake identity of being one "Mohammad Salim".A trial court had in 2013 convicted other accused namely Shahzad Ahmad, Indian Mujahideen operative, to life imprisonment for murdering constables Balwant Singh and Rajbir Singh and causing the death of Inspector MC Sharma by firing on them.The court found Shahzad guilty of murder, attempt to murder, obstructing and assaulting public servants and grievously injuring the police officers to deter them from performing their duty.While convicting the accused Shahzad, Additional Sessions Judge Rajender Kumar Shastri in the judgment dated 25th July 2013 observed thus:"It agitates in my mind that the incident in question was not a sudden confrontation between police and the assailants. The police had already a piece of information, receiving which, a raiding party was formed well in advance. Despite all this, Inspector M.C. Sharma did not wear any body protection device i.e. bulletproof jacket. Moreover, at least two members of the raiding party were having no weapon with them, despite knowing the fact that they may face firing. It is not clear whether it was merely a misadventure or lack of professionalism in Delhi Police or scarcity of weapons with Delhi police. Whatsoever it may be, it did not give any license to the occupants of a flat to fire at police persons who came there to investigate a case, merely because they were unarmed or not wearing any bulletproof jacket. They were expected to assist the police and not to attack them. Accused is thus convicted for offense punishable U/s 186/353/333/307/302/34 IPC."

Batla House Encounter: Convict Ariz Khan Moves Delhi High Court Challenging Death Sentence

Nupur Thapliyal

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