2008 Batla House encounter case: Court awards death penalty to convict Ariz Khan

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New Delhi: A Delhi Court on Monday (March 15, 2021) awarded the death penalty to convict Ariz Khan in the 2008 Batla House encounter case. The court called it a 'rarest of rare case'. The court also imposed a total fine of Rs 11 lakh. 

Ariz Khan is convicted for the murder of police inspector Mohan Chand Sharma and other offences in connection with the encounter that took place on September 19, 2008, in Delhi's Jamia Nagar.

"No amount of compensation can alleviate the agony, pain and trauma of family members of the victim, resulting from the crime committing in this case. However, monetary compensation would provide some solace and would apply balm to the wound of family members of the victim," the court said.

The Court said that out of the fine of Rs 11 lakh imposed on Ariz Khan, a sum of Rs 10 lakh be released as compensation to the wife of Mohan Chand Sharma.

"Legal heirs/ dependents of deceased Inspector Mohan Chand Sharma who displayed exemplary courage and valour during the shoot out and laid down his life fighting for the security of society and nation, deserves to be suitably compensated. At the conclusion of the trial victim or dependents of the victim should not be lost sight of. In the emerging trend of criminal jurisprudence, rights and interests of the victim and the family of victim needs to be protected and upheld, " the court observed.

The court said that the Investigating Officer after conducting an inquiry has filed the report in terms of order dated March 8, 2021, and as per the report, the mother of the convict is having agricultural lands in Uttar Pradesh's Azamgarh. The report further stated that the victim is survived by his wife, two children and parents and said the whole family of the victim suffered mental trauma and mental setback. It also said that the old father and mother of the deceased have gone through a severe mental setback.

It said the education of both children of Sharma suffered adversely because of the incident and that his family is still living under stress.

The court, reportedly, has also made recommendations to the Delhi State Legal Service Authority for awarding adequate and proper compensation to the family members of Sharma.

This is to be noted that the Police had sought the death penalty for Ariz Khan, allegedly associated with the terror outfit Indian Mujahideen (IM), saying it was not just any killing but a murder of a law enforcement officer who was a defender of justice.

According to Police, Khan was present at Batla House along with four others. He had managed to give police the slip during the encounter in which two IM terrorists were killed and as many arrested.

Two suspected terrorists, Atif Ameen and Mohammad Sajid were killed while two other suspects -- Mohammad Saif and Zeeshan were arrested earlier.

The incident took place a week after five serial blasts had hit Delhi on September 13, 2008, in which at least 30 people were killed and over 100 sustained injuries.

Notably, a trial court in 2013 had sentenced the Indian Mujahideen terrorist Shahzad Ahmed to life imprisonment. His appeal against the trial court`s verdict has been pending in the High Court.

(With inputs from agencies)