The Delhi Police on Monday sought death penalty for the lone convict in the infamous Batla House encounter, Shahzad Ahmad, that led to the killing of police inspector MC Sharma. Additional Sessions Judge Rajender Kumar Shastri, after hearing the arguments of both the counsels, reserved the verdict for Tuesday.
Public prosecutor Satwinder Kaur said, “The convict (Shahzad) has a history of heinous crimes and several FIRs already exist against him. He faces charges under IPC Sections 302 (murder), 307 (attempt to murder), 121, 121A, 120B (criminal conspiracy), 10/12/13 for unlawful activities in separate incidents.”
However, the judge refused to buy the argument saying, “Since the trial in those cases is still on, we cannot use the charges to decide the sentence.” Pressing for death penalty, the prosecutor further argued that this case fell in the “rarest of rare crimes” category which is a deciding factor while awarding capital punishment.
"There are aggravating circumstances, not mitigating circumstances in this case. Neither was he mentally disabled, nor underage during commission of the crime, hence he should be awarded death penalty for the murder of a police officer who tried to arrest him and his counterparts from l-18, Batla House," the counsel added.
On the other hand, counsel Satish Tamta appearing for Shahzad opposed the argument saying, "It was not an organised crime and the manner in which the crime was committed, was at the spur of the moment. The accused retaliated to an unexpected attack and provocation. The police was armed, not helpless." Seeking leniency, Tamta added that, "The court should regard the good conduct of the accused during the trial and must not award death to him. He must be given a chance to reform and rehabilitate."
Countering defence's argument, the prosecutor told the court that the intention of the police was to apprehend them and not fire bullets. The suspects were warned yet they fired. She added there is no scope for Shahzad's reformation and rehabilitation and considering the nature of crimes he is involved in, he will continue to be a "threat to society".
Meanwhile, over 50 residents of Paharganj area thronged the court protesting and demanding death penalty for Shahzad. They carried placards and raised slogans against politicising of the entire encounter.