Meticulous investigation by the Delhi Police Crime Branch, irrefutable evidence produced by the investigating officer (IO) and a water-tight chargesheet sealed the conviction of Shahzad Ahmed in the Batla House encounter case.
Sleuths proved that Atif Ameen and Mohamamd Sajid, the two slain Indian Mujahideen, were not only armed but had fired on Inspector Mohan Chand Sharma and Head Constable Balwant from very close range.
Forensic tests showed gunpowder residue on both terrorists’ hands, which matched the empties and weapons recovered from the spot. Ballistic examination also proved that empty cartridges were fired from weapons in the possession of the terrorist duo.
“It was all along kept in mind that on account of certain doubts raised in certain quarters about this encounter, it would be expected of the Crime Branch as an independent and professional agency to investigate from all possible angles, covering all aspects,” the chargesheet stated.
“One Bashir, alias Atif of Azamgarh, Uttar Pradesh was found involved in the serial blasts of Delhi. During technical surveillance, it came to notice that at that time, he was residing with his associates in Batla House, Jamia Nagar,” the chargesheet added.
There were five occupants in thee flats, of which Atif Ameen and Mohammad Sajid were killed during the encounter. Sharma succumbed to bullet injuries while Balwant was injured. Ariz Khan alias Junaid had been declared a proclaimed offender while Mohammad Saif surrendered immediately.
Shahzad had challenged the police claim that he was present in the flat at the time of encounter. He sought Saif and Zeeshan as his witnesses. Both were lodged in Sabarmati Jail of Ahmedabad for the serial blasts of July 26, 2008. The prosecution examined 70 witnesses, including six eye-witnesses — part of the raiding Delhi Police Special Cell team.
The most challenging task for the IO was to reply to allegations that Inspector Sharma was not killed by IM members but fell to ‘friendly fire’.
Reports from Central Forensic Sciences laboratory (CFSl) were analysed in detail to ascertain, on basis of scientific evidence and expert opinion, facts and sequence of events on the day of the encounter.
They were also used to analyse injuries sustained by terrorists/police officers, particularly of Atif Ameen, for which swabs had been preserved by the board of doctors conducting post-mortem.
A specially-formed board of forensic and ballistic experts negated allegations as the chargesheet mentioned this aspect very categorically. “Considering the post-mortem report of Sharma … circumstances as explained by Inspector Rahul Kumar and animated reconstruction of sequence of events, board members are of the considered opinion that such firearms wounds are unlikely to be caused by accidental firing of colleague police officers of the raiding party.”
“The specific query in respect of any accidental firing by colleagues, coupled with findings of CFSl Firearm Examination Report regarding gunpowder residue found on the right hand of the deceased terrorists, have established that Sharma succumbed to firearm injuries sustained from firing aimed at him by the deceased terrorists,” the chargesheet stated.
how it all happened
Sept 19, 2008: Encounter takes place at l-18 Batla House in Delhi’s Jamia Nagar between a raiding team of Delhi Police Special Cell and suspected IM operatives in which decorated police officer Inspector M C Sharma lost his life. Shahzad and another accused Junaid (now proclaimed offender) escapes. Two suspected terrorists Atif Amin and Mohammed Sajid killed in the shootout, while one suspected IM operative, Mohd Saif surrenders
Jan 1, 2010: Shahzad arrested from Azamgarh in Uttar Pradesh
Apr 2010: Charge sheet filed in Delhi court in the case. Junaid is declared proclaimed offender. Charge sheet says encounter was part of probe into the September 13, 2008 serial blasts at Karol Bagh, Connaught Place, Greater Kailash and India Gate that had left 26 dead and 133 injured
Feb 15, 2011: Court frames charges against Shahzad of murder, attempt to murder, conspiracy and various other sections under the IPC
Jul 20, 2013: Court reserves judgement in the case
July 25, 2013: Court holds Shahzad guilty of murdering inspector M C Sharma and assaulting other police officers. Fixes July 29 for pronouncing order on sentence against him