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On Thursday, The Delhi High Court commuted the death penalty to Ariz Khan by a trial court. The 2008 Batla House was an encounter case in which Delhi Police Inspector Mohan Chand Sharma was murdered.
In March 2021, a trial court order held his case as the one which is the rarest of rare category and hence, warranted a maximum sentence of Death Penalty.
After hearing from the Delhi Police and Khan's attorney in August, the High Court had reserved its decision.
Hence, On September 19, 2008, Delhi Police Team conducted a raid at Batla House in order to arrest the terrorist belonging to Indian Mujahideen. A week before this raid serial blasts happened at several locations in Delhi to which these terrorists were alleged to be involved. Those blasts killed at least 30 people.
The prosecution claims that a shootout broke out when the Delhi Police team arrived at Batla House. The police team was trapped in the drawing-room of the said house and was forced to resort to fire in self-defense.
Inspector Mohan Chand Sharma and other police officers were shot during the firefight. Ariz Khan and two other terrorists who were present in the drawing room were shot, but they were able to flee the apartment through the front door..
Ariz Khan was ultimately detained in 2018 after being labeled a proclaimed offender in 2009.
The trial court determined in its ruling that Khan was not only a menace to society but also an enemy of the state because of the heinous and savage act of firing on the police party without any provocation.
Thus, the Court said, “Convict on account of his despicable act has forfeited his right to live. After balancing mitigating circumstances against aggravating circumstances, it is concluded that it is a rarest of the rare case where a convict deserves the maximum sentence provided under law. It is the level of magnitude, decree of brutality, attitude and mindset of wrongdoer behind the crime along with other factors which make it a rarest of the rare case.. Interest of justice will be met if convict is awarded the death penalty.",.
A fine of â‚ą11 lakh was also imposed on Khan, of which Rs. 10 lakh was to be given as compensation to the wife of the deceased police officer.
Khan also submitted an appeal in opposition to the ruling.
Ariz Khan was represented by advocates MS Khan, Prashant Prakash, Qausar Khan, and Rahul Sahan.
Special Counsel Rajesh Mahajan, together with advocates Asha Tiwari, Jyoti Babbar, Ranjeeb Kamal Bora, and Kuldeep Chauhan, represented the Delhi Police.
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