This article is written by Shashwat Kaushik, a student of CCS University, this article gives a complete analysis of the Batla House murder case.

Introduction

A Delhi court held Indian Mujahideen terrorist Ariz Khan liable for killing Inspector Mohan Chand Sharma in the 2008 Batla House shootout. Khan, whose sentencing has been planned for March 15, was captured at the Banbasa line point between India and Nepal in 2018 in the wake of being on the run for a very long time. The Batla House encounter, which occurred in the Okhla space of the public capital, prompted the demise of Delhi Police examiner Mohan Chand Sharma while two officials suffered wounds. 

Ariz Khan, who is a local of Azamgarh in Uttar Pradesh, is additionally supposed to be the brains of the 2008 sequential impacts across Delhi, Rajasthan, Gujarat, and Uttar Pradesh where 165 individuals lost their lives and 500 individuals were wounded. 

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An encounter happens at L-18 Batla House in Delhi’s Jamia Nagar, six days after sequential shots tore through the capital killing 30 individuals, between an assaulting group of Delhi Police unique cell and suspected Indian Mujahideen (IM) agents. In the experience, Delhi Police overseer Mohan Chand Sharma loses his life. Ariz Khan, Shahzad, and Junaid escape. Two presumed fear mongers, Atif Amin and Mohammed Sajid, are executed in the shootout and one speculated IM usable, Mohd Saif gives up. 

Contention to the parties

On 19.09.2008, explicit data was received by Inspector Mohan Chand Sharma that one Atif also known as Bashir associated with sequential impacts is living at Flat No. 108, L­18, Batla House, Jamia Nagar, New Delhi along with his partners. This data was held up in a day-by-day journal and was talked about with senior officials. Data was imparted to Inspector Rahul Kumar (PW13). A group including SI Rahul Kumar, Inspector Sanjay Dutt, Inspector Mohan Chand Sharma, SI Dharmender, SI Ravinder Tyagi, SI Devender, SI Dalip Kumar, and other police authorities were composed. SI Rahul Kumar (PW13) along with accessible staff in the workplace. SI Ravinder Tyagi, HC Balwant, HC Satinder, Ct. Sandeep, SI Rakesh Malik, HC Manish, HC Vinod Gautam, and Ct. Birender Tyagi left the workplace of Special Cell at 9:30 AM in one private vehicle sharing a place with SI Ravinder Tyagi and 2 bikes. The group, driven by Inspector Mohan Chand Sharma, and likewise left for the spot of the event. 

When the force entered the apartment, detainees started shooting at the police party. Police party individuals likewise fought back in their self-defence. During cross-firing Inspector Mohan Chand Sharma and HC Balwant supported Junaid also (known by other names as Salim and Anna) suffered wounds. Two militants additionally got bullet wounds in cross-firing while two different assailants figured out how to escape from the apartment while shooting at the police party. Meanwhile, ACP Sanjeev Kumar Yadav of Special Cell, Investigating Officer of bomb impact cases along with his colleagues arrived at the spot. The injured police authorities and aggressors were quickly moved to the hospital. One of the assailants to be specific Md. Saif gave up before the police party and told the name of the assailants who ran away as Junaid and Pappu. During careless inquiry of the apartment one AK arrangement rifle along with two magazines containing 30 round cartridges, each was recuperated from the right side room of the apartment. Two guns of .30 bore were discovered lying close to two wounded militants.

Both wounded assailants in particular Md. Atif Ameen and Md. Sajid was announced dead at Trauma Center, AIIMS Hospital. Severely Wounded Inspector Mohan Chand Sharma was rushed to a hospital however he couldn’t succumb to bullet wounds and Section 302 IPC was included in the FIR. An examination led by ACP Sanjeev Kumar Yadav in FIR No. 166/08 dated 13.09.2008 PS Karol Bagh uncovered that Shahzad Ahmad also known as Pappu, Md. Atif Ameen, Md. Sajid, also known as Pankaj, Ariz Khan (denounced in the current case), and Md. Saif was an individual from Indian mujahideen and dwelling at Flat No. 108, L­18, Batla House, Jamia FIR No. 208/08 4/131. When a group of Special Cell driven by Inspector Mohan Chand Sharma directed an assault at that apartment.

When Ariz was captured

The police, after completion of the examination, filed a charge sheet against Mohd Atif Ameen and Mohd Sajid – both of them died in the case of Ariz Khan. No offence was made out against Mohd Saif, who was one of the tenants of the room. 

Shahzad was captured in 2010 by ATS Lucknow and purportedly made an exposure proclamation. He was captured from the place of his granddad in Azamgarh. He was sentenced in 2013 by the Saket Court. 

Khan had been on the run for 10 years before he was captured by the Delhi Police Special Cell in 2018. Khan, as per the police, was captured on the data of one Abdul Subhan Qureshi, the supposed brains of the 2008 Ahmedabad sequential impacts, from Uttarakhand. The court a week ago held that he was a “prepared lawbreaker” and not “a common person”. The police had before declared an award of Rs 5 Lakh for information about him. He was on the radar of the National Investigation Agency (NIA) which had declared an award of Rs 10 Lakh. 

Khan is likewise confronting six different cases in Delhi where the preliminary is as yet forthcoming. During the preliminary, Khan a month ago told the court that he has nothing to say except for what he has contended. He additionally affirmed that he has been dishonestly embroiled in the situation. 

Findings of the court

Mr. M.S. Khan learned defence counsel couldn’t bring up any inconsistency in the testimonies of police authorities as regards the hour of the event, the spot of event, number of police authorities included and harmed in the episode, number of people required from the side of charged and other material specifics. Every one of these observers was interviewed finally by scholarly safeguard counsel. In this way, affidavits of PW 13 SI Rahul Kumar, PW 20 SI Dharmender, PW 36 HC Balwant, PW 81 Inspector J.S. Joon, and PW 95 ACP Sanjeev Kumar Yadav have become an essential piece of proof to demonstrate charges against the accused. 

It rose out of the statements of aforementioned witnesses that denounced Ariz Khan along with his partners terminated on police party when a police group entered the level and in the process lethally harmed Inspector Mohan Chand Sharma and HC Balwant. Overseer Mohan Chand Sharma capitulated to wounds in the medical clinic. According to a posthumous report, Inspector Mohan Chand Sharma got two wounds, one in the midsection and one in the shoulder. Charged Ariz Khan also known as Junaid along with his partners is answerable for lethally harming HC Balwant and for murdering Inspector Mohan Chand Sharma. The supplication raised for denounced that it isn’t clear with respect to which specific slug. 

The supplication raised in the interest of blame that it isn’t clear concerning which specific slug hit Inspector Mohan Chand Sharma and henceforth, a charge of homicide has not been demonstrated. Profoundly ravaged projectile referenced in ballistic report Ex. PW­36/B couldn’t be coordinated with any of the weapons and accordingly, it is conceivable that the projectile was shot by charged Ariz Khan. Regardless, it has been demonstrated on record that Ariz Khan along with his partners depending on the police party in assistance of their basic goal and in the process, Ariz Khan also (known by other names as Junaid, Salim, and Anna) Mohan Chand Sharma, and head constable Balwant were harmed. Subsequently, the blame can be said to have engaged with the basic aim of harming police authorities with the said Section 34 of the IPC. 

Postmortem on the assemblage of the expired Inspector Mohan Chand Sharma was directed on discharge stun because of gun injury in mid-region as referenced in postmortem report which is adequate to cause passing in the standard course of nature. Subsequently, the passing of Inspector Mohan Chand Sharma by bullet injury is demonstrated by logical proof for example postmortem report Ex. PW­19/C. 

It has likewise been demonstrated on record that on the previously mentioned date, time and spot charged Ariz Khan also known as Junaid along with his partners Md. Atif Ameen and Md. Sajid and Md. Shahzad also known as Pappu (as of now exposed to preliminary and indicted) in the facilitation of regular aim of every one of them deliberately caused intolerable hurt to HC Balwant, a local official while releasing his obligation as such community worker by a .30 bore gun, an instrument of firing. 

It has likewise been demonstrated on record that on the previously mentioned date, time and spot blamed Ariz Khan also known as Junaid along with his partners Md. Atif Ameen and Md. Sajid (both passed on in the shoot-out with individuals from the assaulting group) and Md. Shahzad also known as Pappu (as of now exposed to preliminary and indicted) in assistance of regular expectation of every one of them deliberately and purposely dedicated homicide by causing the demise of inspector Mohan Chand Sharma by gun, and they are all liable for his murder.

It has likewise been demonstrated on record that on the previously mentioned date, time and spot denounced Ariz Khan also known as Junaid along with his partners Md. Atif Ameen and Md. Sajid (both passed on in the shoot-out with individuals from the assaulting group) and Md. Shahzad also known as Pappu (as of now exposed to preliminary and sentenced) in assistance of regular aim of every one of them discharged weapon shot on expired Mohan Chand Sharma and his group, they all being community workers and as such, you utilized guns in the negation of Section 5 of Arms Act. 

It has additionally been demonstrated on record that on the previously mentioned date, time and spot charged Ariz Khan also known as Junaid along with his partner Md. Shahzad also known as Pappu (as of now exposed to preliminary and sentenced) figured out how to escape from the spot of the event during a shoot out and neglected to FIR No. 208/08 108/131 St. Versus Ariz Khan, also (known by other names as Junaid, Salim, and  Anna) show up under the watchful eye of the Court regardless of the decree on 20.04.2009 given against him under Section 82 of the Cr.PC for his appearance under the steady gaze of the said court on 20.04.2009 and he was at last pronounced guilty on 03.07.2009.

Conclusion

On March 15, Additional Sessions Judge Sandeep Yadav forced capital punishment on Ariz Khan, one of the convicts in the Batla House encounter case. The condemning request, which runs into 22 pages, shows legal thinking which neglects the set up capital punishment statute in India. 

On 8 March 2021, Ariz Khan was sentenced for the homicide of Delhi Police Inspector Mohan Chand Sharma, and seven different offences. After seven days, a preliminary court in Saket condemned him to death by hanging. Moreover, he has levied with a fine of Rs. 11 lacs out of which a sum of Rs.10 lacs be delivered as pay to the spouse of perished Inspector Mohan Chand Sharma.

References

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