The Delhi High Court on Thursday commuted Ariz Khan’s death penalty into a life sentence, following his conviction in the high-profile 2008 Batla House encounter.
This encounter, which led to the tragic loss of decorated Delhi Police Inspector Mohan Chand Sharma, has been a matter of intense scrutiny.
A bench comprising Justices Siddharth Mridul and Amit Sharma upheld Khan’s conviction for the murder of the police officer, as ruled by the trial court. However, the high court decided against confirming the capital punishment originally awarded to Khan.
The bench had reserved its judgement on the issue in August after the lawyers for the convict and the State concluded their submissions.
The Batla House encounter took place in Jamia Nagar, south Delhi, on September 19, 2008. During this operation, Delhi Police’s Special Cell engaged in an encounter with terrorists. Unfortunately, Inspector Mohan Chand Sharma lost his life in the line of duty, while two terrorists were also killed. This operation occurred in the aftermath of five synchronized bomb explosions in the national capital, which resulted in the tragic loss of 39 lives and left 159 individuals injured.
The trial court had previously convicted Ariz Khan on March 8, 2021, establishing that he and his associates were responsible for the murder of the police official and had fired gunshots at him. The trial court categorized Khan’s offense as being in the “rarest of the rare” category, justifying the maximum penalty of capital punishment, suggesting that he should be “hanged by the neck” until death.
On March 15, 2021, Khan was sentenced to death by the trial court, with an additional fine of Rs 11 lakh imposed on him. Importantly, it was specified that Rs 10 lakh of this amount should be immediately released to the family members of Inspector Sharma.
Following the trial court’s decision to award the death penalty, the high court received a reference for the confirmation of Khan’s death sentence. This procedure is standard when a trial court sentences an individual to death, requiring the high court to confirm the penalty before any execution can take place.
