[Batla House Encounter Case] Ariz Khan moves Delhi High Court challenging Death Penalty Order of the Trial Court

Ariz Khan, the convict of the 2008 Batla House encounter case  has filed an appeal in the Delhi High Court challenging the order of the Delhi Trial Court which had awarded death penalty to Khan for killing a Police official.

The appeal has been filed through Advocate MS Khan challenging the March 15, 2021 order of the Saket Court.

The Trial Court while awarding death penalty to Khan had said that "the convict had forfeited his right to live on account of his despicable act of killing a police officer on duty."

After balancing mitigating circumstances against aggravating circumstances, the Court had concluded that the act of the accused comes under rarest of the rare case and therefore he deserves maximum sentence provided under law. However, the had Court cleared that considering the factors such as degree of brutality, and mindset of wrongdoer behind the crime, makes the gravity of the offence very severe and hence justice will be met only if the punishment is given according to the gravity of offence, which is not less than a death penalty.

In its Order the Court had further said that the hateful 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.

The Court had also imposed a fine of Rs 11 lakh on Khan out of which Rs 10 lakh was directed to  be released as compensation to the wife of the deceased police officer's wife.

As per the prosecution case, while conducting a raid in connection with a serial blasts cases, the team of police officials was trapped in the drawing-room of the said house and was forced to resort to open 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 managed to escape from the flat in question through the main door. After being declared a proclaimed offender in 2009, Ariz Khan was finally arrested in 2018.