Batla case: Shahzad gets life term

Tuesday, 30/07/2013

http://epaper.dailypostindia.com/Details.aspx?id=76632&boxid=63732&uid=&dat=2013-07-31

New delhi: Suspected Indian Mujahideen (IM) terrorist Shahzad Ahmed, convicted in the 2008 Batla House encounter case, was on Tuesday sentenced to life imprisonment by a Delhi court, which said the case does not fall under the rarest of rare category warranting death penalty.

Additional Sessions Judge (ASJ) Rajender Kumar Shastri handed down life term to Shazad for killing decorated police officer Inspector M C Sharma and injuring two other cops. Shahzad was also slapped with a fine of Rs 95,000 of which Rs 40,000 will be given to Sharma’s family.

Shahzad, 25, was convicted in the September 19, 2008 encounter when a team of Delhi Police Special Cell raided the Batla House flat in Jamia Nagar in south Delhi following a tip-off that terrorists allegedly involved in the September 13, 2008 serial blasts in the capital were holed up there.

The court denied police’s plea for death penalty saying the case does not fall under the rarest of rare category as the mitigating circumstances outweigh the aggravating ones. “Ruminating on the facts of the case and also the circumstances of the convict, I find mitigating circumstances more than aggravating ones and hence the case in hand is not a ‘rarest of the rare case’, which warrants death penalty upon the convict,” the judge said.

The aggravating circumstances cited by the court were obstructing police officers from doing their job by attacking them and in this case killing one--Inspector M C Sharma-- and attempting to kill others.

One of the several mitigating circumstances enumerated by the court were that the incident was not premeditated and occurred on the spur of the moment.

“Police is an integral part of our life. While in any peril, we rely upon the police. When we sleep, police awakes. There can be no deeper wound on rule of law than to attack a police officer, while discharging his official duty,” the judge said in his order.

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