The Delhi High Court on Thursday refused to confirm the death penalty awarded to Indian Mujahideen terrorist Ariz Khan by a Delhi court in 2021 for his alleged involvement in the 2008 Batla House encounter case.
The Division Bench of Justice Siddharth Mridul and Justice Amit Sharma upheld the trial court order convicting Khan in the case, but said that the sentence of death penalty imposed by the trial court was “not confirmed”.
While modifying the Saket District Court order of March 15, 2021, the Division Bench disposed of the reference for confirmation of the death sentence awarded to Khan.
The Batla House encounter case was an armed operation undertaken by the Delhi Police to arrest terrorists of the Indian terror outfit Indian Mujahideen, who were hiding in a flat in the Batla House area of Jamia Nagar on September 19, 2008.
The operation resulted in deaths of two terrorists and one police officer, Inspector Mohan Sharma, while the remaining terrorists were arrested.
On March 15, 2021, one of the arrested terrorists, Ariz Khan alias Junaid, was sentenced to death for the murder of Inspector Sharma by Additional Sessions Judge Sandeep Yadav of Saket District Court.
Considering it as a rarest of the rare cases where death penalty could be given, the ASJ directed Ariz to be hanged till death.
The trial court said the convict, on account of his despicable act, had forfeited his right to live. This was a rarest of the rare case where the convict deserved maximum sentence provided under the law, it added.
Earlier on March 8, the ASJ held Khan guilty under Sections 186, 333, 353, 302, 397 of the Indian Penal Code and Section 27 of the Arms Act for murdering Inspector Sharma during the encounter that took place between police and terrorists at South-East Delhi’s Batla House.
The Court further imposed a penalty of Rs 11 lakh, of which Rs 10 lakh was to be released for the family of Delhi Police Special Cell Inspector Mohan Chand Sharma and the remaining Rs one lakh was to go to the state.
“However, the court doesn’t consider the compensation of Rs 10 lakh as sufficient hence, the issue is recommended for the consideration of DSLSA for adequate and proper compensation to the legal heirs,” the ASJ added.
Appearing for the State, Additional Public Prosecutor A.T. Ansari had sought the death sentence for Khan on the grounds that this was a matter of law enforcement officer and a murder of the defender of justice as a police officer was killed while discharging his duty.
He said they were carrying arms and ammunition, which clearly suggested that they were ready to kill any individual and that was what they did. There was no provocation from the side of the police officer and there was another attempt to kill a constable as well, added the APP.