The Delhi High Court on Thursday commuted the death penalty of Ariz Khan, convicted in the Batla House encounter which led to the death of Delhi Police Inspector Mohan Chand Sharma, to a life sentence. A bench of Justices Siddharth Mridul and Amit Sharma upheld a trial court order convicting Khan of the murder of the police official but refused to confirm the capital punishment, PTI reported.
The trial court convicted Khan on March 8, 2021 granted Khan the death penalty saying it was duly proved that he and his associates killed the police official and fired gunshots at him. The court said his offence fell under the "rarest of the rare category", warranting the maximum sentence and that he be "hanged by the neck" till death, the report stated.
Khan was sentenced to capital punishment on March 15, 2021, and a fine of Rs 11 lakh was imposed on him. The court made it clear that Rs 10 lakh should immediately be released to Sharma's family.
Following his sentencing, the high court received a reference for confirmation of Khan's death sentence. When a trial court sentences any person to death, its judgement is examined by the high court which needs to confirm the penalty before the culprit is executed.
Batla House Raid In 2008
On September 19, 2008, a team of the Delhi Police conducted a raid at Batla House to arrest the terrorists belonging to Indian Mujahideen and involved in the serial blasts that rocked Delhi just a week ahead of the raid, leading to the death of 39 people.
When the Delhi Police team reached Batla House, a gunfight broke out between the terrorists and the officers. Soon after, the police found themselves trapped in the drawing room of the said house. The prosecution said that the police officials were forced to resort to fire as an act of self-defence.
Inspector Mohan Chand Sharma succumbed to the bullet injuries he sustained during the shootout. One of the terrorists present in the room also suffered bullet injuries but, two of them including Ariz Khan somehow managed to escape through the main door of the flat, the Bar and Bench reported.