Batla House encounter: Delhi HC reserves order on appeals by convicts, death reference by Prosecution

New Delhi [India], November 15 : The Delhi High Court on Tuesday reserved the order on three appeals and the death reference of Ariz Khan in the Batla House encounter case in which Inspector Mohan Chand Sharma was killed and another cop was injured.
The trial court had awarded Ariz Khan a death sentence in the matter. Another convict Shahzad was awarded a life sentence. They had challenged their conviction. On the other hand, the Prosecution had moved a death reference of Ariz Khan and appealed for enhancement of the sentence awarded to Shahzad Khan.
The division bench comprising justices Sidharth Mridul and Amit Sharma reserved the orders on the pleas in the matter after hearing the arguments of both sides.
While arguing for the State, the additional public prosecutor (APP) Rajesh Mahajan submitted that these convicts were present in the flat at the time of the Batla house encounter.
He also submitted that it is a case of murder of a police officer while discharging his lawful duty and this crime shook the conscience of the society.
It is the rarest of rare case. Both Shahzad Ahmed and Ariz Khan deserved the death sentence. There is sufficient evidence and statement of witness to this effect, said the Prosecution. He also argued that there is no chance of reform of Ariz Khan.
Advocate MS Khan, counsel for Ariz Khan, argued that the conviction, in this case, is bad in law as the trial court did not appreciate the material facts of the case.
He also argued that neither the appellant was present at the flat and neither had absconded from the spot.
The counsel for the appellant Ariz Khan also disputed the recovery of documents related to him. He said that if these documents were recovered from the flat, why did not this fact come to the knowledge of the Investigation Officer till 2014.
Advocate Khan also referred to the report of the inspection of the site by 11 forensic expert which stated that there were no bullet marks on the side of police personnel standing in the flat. But there were bullet marks on the side of accused standing. It shows that there was one-sided firing from the end of the police, he said.
Advocate Khan also argued that as per the prosecution, Ariz had escaped to Nepal. He got married there and was teaching in a school there. It shows that he has already been reformed. In these circumstances, his appeal should be allowed, Khan said.

Senior advocate Satish Tamta on behalf of Shahzad Ahmed also submitted that the appellant was not present at the flat at the time of the incident.
There was only a staircase that was cordoned off by Delhi Police and no other exit to escape from the flat L-18 of Batla house, so how could he escape from there, argued the senior counsels for Shahzad Ahmad before the Delhi High Court.
Shahzad is a life convict in the Batla House encounter case of September 19, 2008.
A trial court had convicted and sentenced him to life imprisonment for the murder of Inspector Mohan Chand Sharma, who was leading the police team during the Batla House encounter. It was alleged that the terrorists opened fire at Delhi Police personnel.
Senior advocate Satish Tamta read over the statements of seven eyewitnesses in the matter who were the police personnel who entered the flat during the encounter. It was alleged that Shahzad had escaped from the flat after shooting Mohan Chand Sharma during the operation.
It was argued by senior advocate Tamta that the area and building were cordoned off by the Delhi Police. There was only one enter-exit through a single staircase that was covered by the armed cops of Delhi Police. There was no way to escape from the flat.
The counsel for the convict also produced some photographs depicting the adjacent buildings to L18. The counsel for convict Shahzad argued that the other buildings were high with iron grills and there was no route to escape.
Shahzad Ahmad had moved an appeal through advocate Nisha Narayan and Shariq Iqbal challenging the judgment and sentence awarded by Saket District Court in July 2013.
He was convicted for murder, attempt to murder, obstructing and assaulting public servants and grievously injuring police officers.
According to Delhi Police, Shahzad and Ariz had escaped from the spot and were arrested later. He was tried and convicted by the trial court. Thereafter another convict Ariz Khan was arrested and a supplementary chargesheet was filed against him. After the trial, the court held him guilty and awarded him the death sentence.
The team of special cell of Delhi Police had reached the Batla House area on inputs to nab the Indian Mujahideen operatives who were involved in a serial blast of September 13, 2008 in the national capital.