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‘No matter of doubt’: IM’s Ariz Khan convicted for killing inspector MC Sharma at Batla House

Delhi court convicts Ariz Khan 13 years after Batla House encounter, says evidence proves he managed to escape during the shootout and intentionally caused inspector Sharma's murder.

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New Delhi: A Delhi court Monday convicted Ariz Khan for killing inspector Mohan Chand Sharma in the controversial Batla House encounter which took place in the national capital on 19 September 2008.

Additional sessions judge Sandeep Yadav ruled: “The evidence adduced on record by the prosecution leaves no matter of doubt that the prosecution has proved the case beyond all reasonable doubt and that the accused is liable to be convicted.”

“It has been proved that the accused Ariz Khan along with his associate voluntarily caused grievous hurt to public servants. The accused intentionally and voluntarily caused murder of Inspector MC Sharma by use of gun shot,” the judge added.

The court said that it has been proved that Khan managed to escape during the shootout and failed to appear before the court despite being declared a proclaimed offender.

The court also directed the investigating officer in the case to conduct an enquiry into the financial condition of Khan and his family, in order to grant compensation to the victims. It clarified that the officer can include any other factor in his inquiry, which would facilitate payment of just compensation in the case.

Khan was held guilty under several provisions including Sections 186 (obstructing public servant in discharge of public functions), 333 (voluntarily causing grievous hurt to deter public servant from his duty), 353 (assault or criminal force to deter public servant from discharging his duty), 302 (murder), 307 (attempt to murder) and 34 (common intention) of the Indian Penal Code, along with Section 27 (punishment for using arms) of the Arms Act.

The hearing on what sentence will be handed to him (quantum of punishment) will take place on 15 March.


Also read: Batla House, an encounter in the heart of Delhi that became a national sensation & a film


The encounter

Five bomb blasts shook Delhi on 13 September 2008, exploding at Connaught Place, Karol Bagh, Greater Kailash and India Gate. The blasts killed 26 people and injured 133 others.

Minutes after the blasts occurred, terror outfit Indian Mujahideen (IM) took responsibility for it through emails sent out to print and electronic media. Police filed five FIRs in the case and a team, under the supervision of Inspector M.C. Sharma, was formed to trace those involved.

Six days later, on 19 September 2008, an encounter took place at L-18 Batla House in Delhi’s Jamia Nagar between a raiding team of Delhi Police Special Cell and suspected IM operatives in connection with the blasts. Two of the accused, Shahzad Ahmed and Ariz Khan escaped. Two others, Atif Amin and Mohammed Sajid, were killed in the shootout, while a third, Mohd Saif, surrendered. Inspector Sharma lost his life in the gun fight and two other police officers were injured.

Shahzad was arrested in January 2010 and convicted in July 2013 for firing at police officers, killing Sharma and obstructing public servants. He was sentenced to life imprisonment.

Khan was arrested by the Delhi Police Special Cell in 2018 from Uttarakhand’s Banbasa, bordering Nepal. According to the police, Khan had acquired a Nepali citizenship card and passport under the assumed identity, ‘Mohammad Salim’.

Allegations that Batla House encounter was fake

Soon after the encounter, there was a widespread demand for a judicial inquiry into the incident from various quarters that claimed the encounter was fake.

In fact, then AICC General Secretary Digvijaya Singh was openly critical about the police’s role in the encounter, saying that there was no evidence to prove the guilt of those arrested. Alleging the encounter was fake, he called for a speedy trial of the cases.

The Congress had, however, distanced itself from Singh’s comments, maintaining that the erstwhile UPA government had considered a “set of evidences” and found the encounter genuine.

Then party spokesperson Abhishek Manu Singhvi rejected Singh’s remarks, saying, “The Delhi High Court orders, the National Human Rights commission judgments and the Government of India stand was that this was not a fake encounter. What is the point of calling individual statements, which have no relevance? The Government of India’s stand then, as now, is the same.”

Jamia Millia Islamia University had also sought a judicial probe into the shootout in September 2008, after two students of the university were arrested in connection with the blasts. Then vice chancellor Mushirul Hasan had announced that the university would offer legal aid to the two students.

A team of lawyers, human rights activists, students and academics, led by the Janhastakshep Campaign against Fascist Designs and the Peoples Union for Democratic Rights (PUDR), even carried out a fact-finding mission to Jamia Nagar, questioning several police claims.

However, the Supreme Court in October 2009, dismissed a plea for a judicial inquiry into the encounter, saying, “There are thousands of police officials who are being killed. It will adversely affect the morale of the police.” The petition was filed by NGO ‘Act Now for Harmony and Democracy’ (ANHAD), represented by advocate Prashant Bhushan.

Last year, Karnal Singh, a former director of the Enforcement Directorate (ED) who was heading the Delhi Police Special Cell at the time of the encounter, authored the book ‘Batla House: An Encounter That Shook The Nation’. In it, he reportedly detailed how doubts created over the encounter by certain civil society groups and political parties not only demoralised the police but also threatened to derail police investigations into the terrorist group.

(Edited by Manasa Mohan)


Also read: Veerappan, Ishrat Jahan, Batla House — India’s 10 most controversial ‘encounters’ since 2003


 

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3 COMMENTS

  1. Sonia Gandhi was crying after hearing Batla Encounter and loss of life’s of Muslims , this was told by Dijvijay sing in a press conference. And congress is still a secular party!!!

  2. INDIA can never FORGET, how DOGVIJAY reported that MAMAMIA cried for 2 days refusing to eat pizza with mozzarella cheese or pasta Napolitano, obiviously saddened by the deaths of innocent jihadist.

  3. The usual suspects. Its not for nothing thst these people get branded as anti-nationals. Their deeds and acts merit such slurs and accusations.
    The Jamia, just like the AMU, has become a hub for Islamic fundamentalism – a point underscored during the anti-CAA agitations. Its students are neck deep in such nefarious designs and conspiracies.

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