Batla House Encounter: Delhi High Court Reserves Judgment On Reference For Confirmation Of Death Penalty To Ariz Khan

The Delhi High Court on Friday reserved its judgment on the reference for confirmation of death sentence awarded to Ariz Khan, who was convicted by a trial court in the 2008 Batla house encounter case in which Delhi Police’s inspector Mohan Chand Sharma was killed.

A division bench of Justice Siddharth Mridul and Justice Amit Sharma reserved the verdict after hearing Advocate MS Khan appearing for Ariz and Special Public Prosecutor Rajesh Mahajan for the Delhi Police.

“Arguments have been heard. Judgement reserved,” the bench said.

In March 2021, a trial court convicted Ariz and awarded him death penalty, observing that it was a fit case falling in the "rarest of the rare" category deserving the maximum sentence under the law.

Ariz then approached the High Court in July 2021 challenging the conviction and sentence. Subsequently, the court also received a reference for confirmation of the death sentence. Judgment has been reserved in both the pleas.

Ariz was convicted for the offence under Sections 186, 333, 353, 302, 307, 174A , 34 of Indian Penal Code and Section 27 of the Arms Act. 

The trial court had observed there was no chance of Ariz's reformation and that the abhorrent and brutal act of firing on the policemen without any provocation showed that he was not only a threat to the society but also was an enemy of the State.

About the Batla House Encounter

On September 19, 2008, two Indian Mujahideen terrorists namely Atif Ameen and Mohd Sajid were killed during the encounter. The said encounter also claimed life of Delhi Police inspector Mohan Chand Sharma who succumbed to the bullet injuries sustained in the gunfight.

On receiving the tip, a Delhi Police's Special Cell team reached flat no. 108 of L-18 Batla House headed by Inspector Mohan Chand Sharma who was later shot by one of the accused persons. After the encounter, Ariz was declared as a proclaimed offender after he managed to escape the site.

He was then arrested by the Delhi Police in 2018 from Uttarakhand's Banbasa bordering Nepal. According to the Police, Ariz had acquired a Nepali citizenship card and passport under the fake identity of being one "Mohammad Salim".

Title: State v. Ariz Khan