IANS/New Delhi
The fate of Shahzad Ahmad, arrested in the 2008 Batla House shootout case, will be decided by a Delhi court today, with the prosecution seeking death penalty in the “rarest of rare case”.
The plea to hang Ahmad was made yesterday before additional sessions judge Rajender Kumar Shastri, who convicted the 24-year-old man from Azamgarh in Uttar Pradesh of killing Delhi Police Special Cell inspector M C Sharma in the shootout.
The court after hearing arguments of the prosecution and the defence reserved the verdict on the punishment for the convict for today.
The prosecution, while seeking death penalty for Ahmad, 24, told the court that the accused killed senior police officer (Sharma) and injured two others (head constables Balwant Singh and Rajbir Singh) while they were performing their duty, so he must be given the death penalty.
Special public prosecutor Satwinder Kaur said: “This case falls in the rarest of rare category. I request the court to give maximum punishment, that is death.”
The prosecution said that while awarding any punishment, the court should also take into account the pain of the slain inspector’s family.
“In the interest of society, the interest of the victim’s family, I pray to court that the convict be given death,” the special public prosecutor said.
Kaur cited a few Supreme Court verdicts like in the case of Pakistani terrorist Ajmal Kasab and bomb blast convict Devenderpal Singh Bhullar and said “this (Batla House) case had also shocked the collective conscience of society”.
She said there were no mitigating circumstances in this case and the convict was involved in several heinous crimes.
The prosecution told the court that the aim of police was only to apprehend the terrorists, and if there had been any other motive the police wouldn’t have gone without bulletproof jackets.
Inspector Sharma who died of bullet injuries was not wearing a bulletproof jacket during the raid.
Counsel Satish Tamta, appearing for Ahmad, urged the court to take a “lenient” view as the case did not fall in the “organised crime” category.
“The case doesn’t fall in the organised crime category, the incident happened on the spur of the moment. It was not against women, children or helpless people. I request the court to take a lenient view. Don’t treat it as a rarest of rare case,” the counsel pleaded, adding that a chance be given to Ahmad to “reform” himself.
The defence counsel pointed out that Ahmad had not been convicted in any other case and should therefore be given a chance “to reform”.
The prosecution, however, objected stating that there was no scope for Ahmad’s reformation and rehabilitation.
“The nature of crimes he is involved in, he will continue to be a threat to society,” the prosecution claimed.
Seeking leniency, Tamta told the court that Ahmad was a 20-year-old at the time of the incident and was still studying. “He was a 20-year-old at the time of incident and he was studying. He is unmarried and his conduct was good during the trial,” counsel added.
Tamta said: “We still believe that we are in reformative society and a chance must be given to him to reform.”
Ahmad was said to be present in the flat in Jamia Nagar in south Delhi where the shootout occured.
The court on July 25 held Ahmad guilty of assaulting police officials and obstructing them from doing their duty. He was convicted of offences that included murder and attempt to murder which carry a death penalty as the maximum sentence.
The September 19, 2008, exchange of fire took place between a seven-member Delhi Police special cell team, led by inspector Sharma, and suspected Indian Mujahideen terrorists allegedly involved in the September 13, 2008, serial blasts in Delhi. The bomb blasts took place in Karol Bagh, Connaught Place, Greater Kailash and the vicinity of India Gate, leaving over 26 people dead and 133 injured.