New Delhi, Mar 15: A Delhi court Monday awarded death penalty to Ariz Khan for the murder of decorated Delhi Police Inspector Mohan Chand Sharma in connection with the sensational 2008 Batla House encounter case, saying the offence fell under the "rarest of the rare category" warranting the maximum sentence.
Additional Sessions Judge Sandeep Yadav said Ariz be hanged by neck till death.
Inspector Sharma of the police's special cell was killed during the Batla House encounter between the police and alleged terrorists in Jamia Nagar in south Delhi following serial bomb blasts in the national capital in which 39 people died and 159 were injured.
The court also imposed a total fine of Rs 11 lakh on Ariz in the case.
It said Rs 10 lakh should be immediately released to the family members of Sharma.
"I feel the fine of Rs 10 lakh is insufficient. Hence, I am referring the matter to Delhi Legal Services Authority for award of additional compensation," the judge further said.
Additional Public Prosecutor A T Ansari, appearing for the police, sought death penalty for Ariz, allegedly associated with the terror outfit Indian Mujahideen, saying it was not just any killing but a murder of a law enforcement officer who was a defender of justice.
Ansari said the case attracts exemplary punishment, which is capital punishment.
He further said a police officer was killed while discharging his public duty.
"Ariz along with others was carrying deadly weapons which clearly suggests that they were ready to kill anybody in any eventuality. They were the first to start fire without any provocation," the public prosecutor said.
He added that widespread concerns were raised after the incident regarding the safety of police officers and it instilled fear in the minds of the common people.
Advocate M S Khan, appearing for Ariz, opposed the death penalty and said the incident was not premeditated.
The court had said on March 8 that it was "duly proved that Ariz Khan and his associates caused murder of police official and fired gunshot on the police official".
A trial court had sentenced Indian Mujahideen terrorist Shahzad Ahmed in July 2013 to life imprisonment in connection with the case. His appeal against the verdict has been pending in the high court.
Ariz Khan had fled from the spot and was declared proclaimed offender. He was arrested on February 14, 2018, and faced the trial.
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Bengaluru (PTI): Alleging a “criminal conspiracy” by BJP candidate D N Jeevaraj in the Sringeri Assembly poll recounting, Karnataka CM Siddaramaiah on Tuesday said the outcome was manipulated after valid postal ballot votes in favour of Congress leader T D Raje Gowda were tampered with during the recounting process.
Following a Karnataka High Court order on an election petition filed by Jeevaraj, challenging Raje Gowda’s election, the reverification and recounting were conducted on Saturday.
After the reverification and recount of postal ballots for the Sringeri Assembly constituency, votes polled in favour of Raje Gowda were reduced by 255, the returning officer said.
A report on the matter has been submitted to the Election Commission of India for further action, the officer added.
Congress leader Raje Gowda had won the 2023 Assembly polls from Sringeri by 201 votes, defeating his nearest rival Jeevaraj.
Addressing a press conference in Bengaluru, Siddaramaiah said the High Court had directed the recounting of postal ballots and that irregularities were noticed during the exercise conducted on May 2.
“This is a clear case of criminal conspiracy,” Siddaramaiah said, alleging that valid votes cast in favour of Raje Gowda were altered after being accepted by counting agents of all parties, including Congress, BJP, and JD(S).
He claimed that during the recounting of postal ballots, 255 votes were initially accepted as valid by all agents but were later tampered with by subordinate officials.
“There is a second mark on the votes polled in favour of Raje Gowda. They had accepted these as valid votes. Subsequently, another mark was made by officials. This is a clear case of criminal conspiracy,” he said.
When asked who was behind the alleged conspiracy, the CM replied, “It was hatched by Jeevaraj and others. It is planned.”
Siddaramaiah further alleged that the returning officer acted improperly by declaring the result despite the presence of an Election Commission observer during the recounting.
“Immediately after the counting, the returning officer announced the result. He should not have done so; this is against the law,” he said.
He pointed out that Raje Gowda had originally won by 201 votes, but after the recounting, the BJP candidate was declared the winner by 52 votes.
“The BJP has committed a criminal act of conspiracy. This is not vote chori but vote dacoity,” he alleged.
The CM said a police complaint had already been filed by Raje Gowda’s election agent, Sudhir Kumar, and emphasised the need for electoral integrity.
“We want transparency and free and fair elections. That is what our Constitution mandates,” he added.
Stating that the government would pursue legal remedies, Siddaramaiah said, “We are preparing an appeal challenging the returning officer’s announcement in a court of law.”
Responding to a separate query on elections in other states, the CM said there appeared to be an anti-incumbency factor in West Bengal, while results in Tamil Nadu were “surprising,” adding that Vijay’s party was emerging as the largest there.
Following the victory of party candidates in Bagalkote and Davanagere South, Siddaramaiah expressed confidence about future electoral prospects in Karnataka.
“Even in 2028, we will win the Assembly elections. We will come back,” the CM said.
Siddaramaiah added that he would order a forensic examination into the alleged tampering of postal ballots.
