In the 2008 Batla House encounter case, the prosecution on Monday has sought the death penalty for Ariz Khan, an alleged Indian Mujahideen (IM) terrorist while the defence has asked for leniency on the ground of his young age.
The Special Cell of Delhi Police had carried out an encounter in Jamia Nagar’s Batla House on September 19 in 2008 in which two suspected Indian Mujahideen terrorists were killed.
Additional Sessions Judge Sandeep Yadav will pronounce the order on the sentencing at 4 pm
On March 8, the court had convicted Khan in the case, noting that he murdered encounter specialist and Inspector Mohan Chand Sharma.
The Additional Sessions Judge had said that Khan, along with his associates, intentionally and voluntarily caused the murder of Inspector Sharma by a gunshot.
Ariz Khan was arrested in February 2018, a decade after allegedly being on the run after the encounter at L-18 in Batla House.
During the course of proceedings on Monday, Advocate MS Khan, arguing for Ariz Khan sought leniency on the ground of his young age while Additional Public Prosecutor (APP) AT Ansari sought the death penalty and said that it is a gruesome murder of law enforcement officer and defender of Justice.
Ansari said that the collective conscience of the society was shocked due to the incident.
Ariz has been convicted under section 186 (Obstructing public servant in discharge of public functions), 333 (voluntarily causes grievous hurt), 353 (Assault or criminal force to deter public servant), 302 (murder).
He has also been held guilty under 307 (attempt to murder), 174(a) (Non-appearance in response to a proclamation) 34 (criminal intention) of the Indian Penal Code and 27 (using any prohibited weapons) of the Arms Act.
Police claimed that Ariz was present at Batla House along with four others and managed to give police a slip during the encounter.
Of the five men residing in the apartment in Batla House, Mohammed Sajid and Atif Amin were killed during the encounter, Junaid and Shahzad Ahmad fled and were caught years later, while Mohammad Saif surrendered to the police.
A trial court had, in July 2013, sentenced Indian Mujahideen terrorist Shahzad Ahmed to life imprisonment in connection with the case.
The suspected IM operatives were said to have been involved in the serial bomb blasts that took place in Delhi six days before the encounter.
Inspector Mohan Chand Sharma, the encounter specialist and who spearheaded the police action was also killed during the operation.
On the last date of hearing, the judge had issued a production warrant against Ariz Khan alias Junaid for his presence during the pronouncement of judgment.
(With IANS inputs)