The genuineness of the infamous 2008 Batla House encounter was established on Thursday with the conviction of the lone accused and Indian Mujahideen (IM) terrorist Shahzad Ahmad by a city court.
The court held him guilty of killing Delhi Police Special Cell Inspector Mohan Chand Sharma, the leader of the raiding party, putting to an end the controversy surrounding the encounter. In a rejection of multiple theories terming the encounter as fake, Additional Sessions Judge Rajender Kumar Shastri said the convict fired at the police team that had gone to Batla House in Jamia Nagar, to investigate a tip-off pertaining to the serial blasts in Delhi that took place just six days before the encounter.
The bomb blasts took place in Karol Bagh, Connaught Place, Greater Kailash and India Gate, on September 13, 2008 leaving over 26 people dead and over 133 injured. The court, however, chose not to touch upon the issue of Shahzad’s links to terror outfit IM saying it had no relevance to the present case. The court will pronounce the quantum of sentence on July 29. The court said that the flat occupants should have assisted the police team in its probe and not fired at it when it went there to investigate a case.
The judge added it has been established that late Inspector Mohan Chand Sharma and Head Constable Balwant, suffered bullet injuries after the occupants of the flat, including Shahzad, fired at them. “From the deposition of Dr Sanjeev lalwani and the autopsy report, it is clear that Sharma died due to bullet injuries,” it added. Sharma was awarded the gallantry award Ashok Chakra, posthumously for the encounter.
The court convicted Shahzad for the offences of murder, attempt to murder, obstructing and assaulting public servants and grievously injuring police officers. The 46-page judgement was delivered amidst tight security with a large posse of policemen escorting the accused and the route from the lock-up to the court room being sanitised by the Bomb Disposal Squad hours before the pronouncement.
In his verdict, the judge said that as per the medical records and eyewitness statements, Sharma, Balwant and Rajbir, suffered bullet injuries on being fired at by Shahzad and other occupants of flat 108, l-18, Batla House which was being raided. The judge also convicted Shahzad under the Arms Act for possession of a gun during the encounter with the raiding team, but since he had disposed of the weapon, the court held him guilty of destruction of evidence. The court acquitted him of the offence under Section 174A IPC (failure to appear in specified time and place as required by a proclamation by court). However, the court expressed its astonishment over the ‘ill-preparedness’ of Delhi Police while conducting the operation and the fact that the team was not wearing bullet-proof jackets.
The court wondered why late Inspector Sharma did not wear a bullet-proof jacket despite being aware of the fact that they might come under fire. ASJ Shastri wondered if not being properly equipped while going on the raid was merely a “misadventure or lack of professionalism” in Delhi Police or was there a scarcity of weapons. “The raiding party was formed well in advance. Despite all this, Inspector Sharma did not wear a bullet-proof jacket. Moreover, at least two members of the raiding party did not have weapons,” the court noted.
During the firing between police officials and the suspects on September 19, 2008, IM operatives Atif Ameen and Mohammad Sajid were killed. Apart from them, one Junaid was declared a proclaimed offender and is absconding while Mohammad Saif was not arrested on the grounds that he peacefully surrendered and did not have any role in the encounter.
