New Delhi: The Delhi High Court on Thursday upheld a trial court’s order challenging the conviction of Ariz Khan under the Indian Penal Code and Arms Act for the murder of Inspector Mohan Chand Sharma in the 2008 Batla House encounter.
A bench of justices Siddharth Mridul and Amit Sharma commuted the capital punishment, initially imposed by the trial court, to life imprisonment.
“In light of the ongoing discussion, the verdict of conviction is UPHELD. However, the death sentence imposed is not confirmed. The order from March 15 is adjusted in that regard. The appeal is partially granted,” the apex court said.
The trial court in March 2021, found Khan’s offence as falling within the “rarest of rare” category, justifying the imposition of the ultimate penalty, capital punishment. In July 2021, Khan, represented by advocates MS Khan and Qausar Khan, filed a plea challenging the verdict and his sentence in the high court.
Inspector Sharma, a member of the Delhi Police Special Cell, was killed in the line of duty on September 19, 2008, in Jamia Nagar, south Delhi, during an encounter that took place six days after the national capital witnessed a series of bombings, killing at least 30 people and injuring over 100. Acting on intelligence, the police team, with Sharma among them, conducted a raid on a residence in the Batla House locality.
Khan, 37, who evaded authorities following the encounter, was declared a proclaimed offender (PO) in 2009. He was arrested on February 14, 2018. The trial court delivered a verdict of guilt on March 8, 2021, and issued the death sentence on March 15.
Furthermore, the trial court levied a fine of ₹11 lakh on Khan, instructing him to immediately provide ₹10 lakh for the family of the deceased officer. Describing his actions as “despicable,” the court noted that the convict had “renounced his right to live.” It also labelled him as an “enemy of the state.”
Another convict in the case, Shahzad Ahmed, was arrested on January 1, 2010. In July 2013, Ahmed was convicted and sentenced to life, and he appealed against the decision in the high court. As of now, the appeal is still awaiting resolution in the court. Ahmed passed away at the All India Institute of Medical Sciences (AIIMS) in January of this year after being hospitalized for over two weeks.