The Delhi High Court, on Thursday, declined to validate the death penalty given to Ariz Khan, who had been found guilty by a trial court in connection with the 2008 Batla House encounter case, during which Delhi Police Inspector Mohan Chand Sharma lost his life.
A division bench composed of Justice Siddharth Mridul and Justice Amit Sharma, on the other hand, upheld the trial court's decision to convict Khan in the case.
The court ruled that the death penalty imposed by the trial court was not confirmed. Consequently, the reference for confirming the death sentence awarded to Ariz Khan was disposed of. It has partially allowed Khan's appeal against his conviction and the sentence. A detailed order on this matter is pending and is yet to be provided.
In March 2021, a trial court found Ariz guilty and sentenced him to death, deeming it a case that fell within the "rarest of the rare" category, warranting the highest possible penalty under the law.
Ariz Khan was convicted for various offenses under the Indian Penal Code and the Arms Act, including Sections 186, 333, 353, 302, 307, 174A, and 34 of the Indian Penal Code, as well as Section 27 of the Arms Act.
The trial court had noted that there was no possibility of Ariz's reformation, and his heinous and unprovoked act of firing upon the police officers demonstrated that he not only posed a threat to society but also acted as an adversary of the State.
The Batla house encounter- On September 19, 2008, an encounter took place in which two Indian Mujahideen terrorists, Atif Ameen and Mohd Sajid, were killed. Tragically, this encounter also resulted in the loss of life of Delhi Police Inspector Mohan Chand Sharma, who succumbed to the bullet injuries he sustained during the gunfight.
Following a tip-off, a Delhi Police Special Cell team, led by Inspector Mohan Chand Sharma, arrived at flat no. 108 of L-18 Batla House. During the encounter that ensued, one of the accused persons shot Inspector Sharma. After the encounter, Ariz managed to escape the scene and was subsequently declared a proclaimed offender.
Ariz Khan was later apprehended by the Delhi Police in 2018, near Uttarakhand's Banbasa, which is situated on the border with Nepal. The police reported that Ariz had obtained a Nepali citizenship card and passport using a false identity, operating under the name "Mohammad Salim."
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