Batla House Encounter: Delhi High Court commutes death sentence of convict Ariz Khan

The Delhi High Court on Thursday commuted the death penalty awarded by a trial court to Ariz Khan, the convict in the 2008 Batla House encounter case in which Delhi Police Inspector Mohan Chand Sharma was murdered. .A Division Bench of Justice Siddharth Mridul and Amit Sharma upheld Khan's conviction but partly allowed his appeal by reducing the sentence to life imprisonment.The trial court order of March 2021 had held that his case fell under the rarest of rare category and therefore warranted the maximum sentence of death penalty..In a detailed judgement, the Division Bench of the High Court reversed that finding and held that the case does not fall under the category of a "rarest of rare case" and that the sentence of rigorous imprisonment for life would be an appropriate sentence.While arriving at this conclusion, the Court considered Khan's psychological assessment report and noted that the report does not say that he is incapable for reformation. "In view of the principles discussed hereinabove and in totality of the facts and circumstances of the case, we are of the opinion that the present case does not fall under the category of a 'rarest of rare case‘. Accordingly, this Court is of the considered view that the sentence of rigorous imprisonment for life would be an appropriate sentence," the Bench held.The High Court also reduced the fine imposed on Khan from ₹11 lakh to ₹1.15 lakh. It added that the benefit of Section 428 of the Criminal Procedure Code (CrPC) shall be available to him..On September 19, 2008, a team of Delhi Police was conducting a raid at Batla House to arrest the terrorist belonging to Indian Mujahideen. The terrorists were alleged to be involved in the serial blasts at several locations in Delhi a week earlier. At least 30 people were killed in these blasts.According to the prosecution case, when the Delhi Police team reached Batla House, a gunfight ensued. The police team was trapped in the drawing-room of the said house and was forced to resort to fire in self-defence.During the shootout, Inspector Mohan Chand Sharma and other police personnel sustained bullet injuries. While one of the terrorists present in the drawing-room also sustained bullet injuries, two of them including Ariz Khan managed to escape from the flat through the main door.After being declared a proclaimed offender in 2009, Ariz Khan was finally arrested in 2018..In its judgement, the trial court held that the abhorrent and brutal act of firing on police party without any provocation itself showed that Khan was not only threat to the society but was also an enemy of the State.“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 convict deserves maximum sentence provided under law. It is the level of magnitude, decree of brutality, attitude and mindset of wrongdoer behind the crime alongwith other factors which make it a rarest of the rare case.. Interest of justice will be met if convict is awarded death penalty.", the Court said.A fine of ₹11 lakh was also imposed on Khan, out of which ₹10 lakh were to be released as compensation to the wife of the deceased police officer's wife..The matter was then sent to the Delhi High Court for confirmation of the death penalty.Khan also filed an appeal against the judgement. .Advocates MS Khan, Prashant Prakash, Qausar Khan and Rahul Sahan represented Ariz Khan. Delhi Police was represented through Special Counsel Rajesh Mahajan along with advocates Asha Tiwari, Jyoti Babbar, Ranjeeb Kamal Bora and Kuldeep Chauhan. .[Breaking] Batla House encounter: Delhi Court awards death penalty to Ariz Khan, says case falls under "rarest of rare".[Read Judgement]