NEW DELHI: Ariz Khan, the convict of the Batla House encounter case has recently moved to Delhi High Court challenging the Death Penalty awarded to him by a Delhi trial court on March 15, 2021.
Ariz Khan through his lawyer MS Khan has filed an appeal against the judgment passed by the Saket trial Court in March this year.
A trial court had convicted him under Section 186, Section 333, Section 353, Section 302, Section 307, and Section 174 A Indian Penal Code, 1860, and provision of Arms act, 1959.
Saket Court's Additional Sessions Judge Sandeep Yadav while passing the judgement said that Ariz Khan and others had intentionally murdered Inspector Mohan Chand Sharma, an encounter expert, and caused injuries to Head Constable Balwant Singh and Rajbir Singh.
The trial court also slapped a fine of Rs 11 lakh against the convict and directed that out of the fine amount, Rs 10 lakh be released to the family of deceased Mohan Chand Sharma as compensation.
Ariz Khan was arrested by the Special Cell of Delhi Police after a tough search. He was allegedly associated with the terror outfit Indian Mujahideen. According to Delhi Police, Khan was at the spot during the Batla encounter but managed to escape during the encounter on September 19, 2008, in Delhi's Jamia Nagar, in which two Indian Mujahideen terrorists were killed and as many arrested.
Public Prosecutor Advocate AT Ansari earlier informed the trial court judge that it was a gruesome murder of a law enforcement officer and defender of justice while discharging his duty and therefore a serious exercise is required to be undertaken in this case for determining the quantum of sentence.
The prosecutor told the court that the convict Ariz Khan was involved in several blast cases that occurred in Delhi, Jaipur, Ahmedabad, and Uttar Pradesh in which innocent people were killed and there is a complete lack of remorselessness on the part of the convict, "which further completely rules out any kind of possibility of reformation and correction of the convict".
Ansari said that Inspector Sharma of Special Cell was martyred during the Batla House encounter.
"This is again one of the aggravating circumstances against convict calling for a death penalty and forecloses the option of lesser punishment," the prosecutor said.
He said the collective conscience of society was shocked after the incident. It also instilled fear in the mind of the common man that when a police officer on lawful duty is not safe what would happen to them, he added.
Two suspected terrorists, Atif Ameen and Mohammad Sajid were killed while two other suspects - Mohammad Saif and Zeeshan were earlier arrested.
In 2008, the Batla House encounter was held a week after five serial blasts that had hit Delhi on September 13, 2008, in which at least 30 people were killed and over 100 injured.