statesman news service
New Delhi, 2 July
Shahzad, an alleged Indian Mujahideen operative and the only person facing trial in the 2008 Batla House encounter case, today moved a plea before the trial court, to visit the flat in L-18 building, from where he had allegedly escaped after the encounter.
Replying to the prosecution’s claims that it has sufficient circumstantial evidence that Shahzad was at the spot at the time of the encounter, Shahzad’s counsel moved an application seeking permission to visit the spot in Jamia Nagar to see if it was possible for anyone to jump off the balcony. He also said that Shahzad was not at the flat and has been implicated in the case.
In its final arguments, before Additional Sessions Judge Rajender Kumar Shastri, the prosecution however maintained that it had sufficient circumstantial evidence and phone records to prove that Shahzad was present in the Jamia Nagar flat in Batla House and was among those who fired at the police party leading to the death of inspector M C Sharma.
"Shahzad, along with another accused Junaid, had jumped off the balcony and fled after firing at the police party during the September 19 Batla House encounter," said the prosecution.
The prosecution also rebutted Shahzad’s claim that neither was he present in the flat with other associates nor had he fired at the raiding party and also that he was kidnapped from his village Khalispur in Azamgarh, Uttar Pradesh.
It further said that the police personnel who were members of the raiding party have identified Shahzad as one of the occupants of the flat who fired at them and then escaped with another associate.
Police also said the call detail records show that Shazad was in regular conversation with one of the occupants of the flat, an alleged IM terrorist named Atif who was killed in the encounter.
The prosecution said if Shahzad was not residing in the flat, then his father must have been living there as the number which was saved in the mobile phone of the deceased man was found to be registered in Shahzad’s father’s name. The court has now fixed the matter for July 8 for hearing the final arguments on behalf of Shahzad.