‘Rarest Of The Rare Case’: Batla House Encounter

OVERVIEW

A Delhi court awarded death penalty to convict Ariz Khan (alias Junaid) on Monday in relation to the Batla House encounter killing of 2008.

The Additional Sessions Judge Sandeep Yadav convicted Khan of the murder of Inspector Mohan Chand Sharma on March 8, along with charges related to attempt to murder, obstructing public servant on duty, causing grievous hurt and non-appearance despite being declared a proclaimed officer. 

While awarding the death sentence, the Additional Sessions Judge Sandeep Yadav termed the offence as the ‘rarest of the rare case’ deserving the maximum sentence under the law. 

The Court imposed a fine of Rs. 11 lacs on him, out of which Rs. 10 lacs shall be awarded to the family of Inspector Mohan Chand Sharma, who was killed in the encounter.

BACKGROUND

On September 19, 2008, two Indian Mujahideen terrorists, named Atif Ameen and Mohd. Sajid, were killed during the encounter. The encounter also claimed the life of Delhi Police Inspector Mohan Chand Sharma, who had got shot in the gunfight between the parties.

The Delhi Police Special Cell team reached flat 108 of L-18 Batla House, headed by Inspector Sharma, on receiving a tip. After the said encounter the accused Ariz Khan escaped the scene and was declared as a proclaimed offender.

Khan was arrested by the Delhi Police in 2018 from Banbasa in Uttarakhand, that shares border with Nepal. According to the Police, he had managed to acquire a Nepali citizenship card and passport under a false name ‘Mohammad Salim’.

In 2013, a trial court had also convicted Indian Mujahideen operative Shahzad Ahmad to life imprisonment for the murder of constables Balwant Singh and Rajbir Singh during the encounter. 

FURTHER DETAILS

The Court declared its sentence on Monday, to which Senior Public Prosecutor A.T. Ansari, appearing for the Delhi Police, sought death penalty for Khan.

Ansari remarked that the ‘collective conscience of society’ was shook due to the brutal killing of the inspector. Khan’s counsel insisted on a lighter sentence based on the grounds of parity and young age.

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