By M Reyaz, TwoCircles.net,
New Delhi: Civil society groups and Muslim leadership have exprssed surprise and disapointment at the Batla House judgement, that has convicted Shahazad Ahmed, the lone survivor arrested for obstructing public servants in discharge of duties, murder of Inspector MC Sharma and attempt to murder.
Jamia Teachers’ Solidarity Association (JTSA), formed in the wake of the police shootout in 2008, in its initial reaction, has expressed disappointment at the conviction. Most of the members of the JTSA, including Manisha Sethi, Sanghamitra Misra, Tanveer Fazal were present in the court. Sethi said, “The defence lawyer had torn into the prosecution’s case as they could produce no credible evidence.” She said that only after reading the judgement will they know why defence’ questions were disregarded.
A Delhi court today found Shahzad Ahmed guilty in the Batla House encounter case on charges of obstructing public servants in discharge of duties, murder of Inspector MC Sharma and attempt to murder. Additional Sessions Judge Rajender Kumar Shastri has set July 29, Monday at 2.0 pm to deliver the quantum of punishment.
Mahtab Alam, Delhi based civil rights activist, who was also present in court said, “We are both surprised and disappointed, but this is not the end of the road for our struggle.”
RTI activist Afroz Alam Sahil, who was first one to get copies of the autopsy report of those killed in the police shoot out, echoed Alam when he said that he is still hopeful of ‘justice.’ He said, “This judgement is from a district court and we still have the options of high court and the Supreme Court,” adding that he firmly believes that in this country justice may be delayed, but is seldom denied.
In 2008 on 19th September, on 4th floor of L-18, Batla House in Delhi’s Jamia Nagar area, two youths of Azamgarh – Atif Amin and Mohammad Sajid were killed in a shootout, which was later claimed to be an encounter by special cell of Delhi police. In this shootout, one of the officers of Delhi police Inspector Mohan Chand Sharma also lost his life.
However, from the very first day Human and Civil Rights’ organisations and activists are demanding an independent judicial enquiry into the shootout. The post-mortem report of the deceased also pointed towards the encounter being a fake one.
SQR Ilyas, General Secretary of the Welfare Party of India, said that he is “dismayed” at the judgement, where all legal procedure has been put aside and the court accepted the police version, taking no cognizance of questions raised.
Civil society groups have been arguing that the L-18 flat in Batla House area has only one exit which was manned by police people; there is no possibility to escape by jumping. Anyone attempting that would only break his bones. Further that the local police was not informed in time and that the FIR was filed very late.
Dr Zafarul-Islam Khan, President of All India Muslim Majlis-e Mushawarat said in a written statement that it is too early to comment as we do not know in detail what the judgment really says. Questioning the police version, however, he said, “The ‘input’ for Batla House came from the same infamous IB special director who provided the fake inputs that were used for 17 fake encounters in Gujarat which are being probed now,” adding, “We continue to beleive that the Batla House encounter was fake and we stand by our demand for a high level judicial enquiry into the incident.”
Rashtriya Ulama Council, another political party formed in the wake of encounter and series of arrests in terror related cases from Azamgarh, too expressed disappointment and feel let down and said that they will appeal to the high court.
Advocate Mohammad Shoaib, Chairman of Rihai Manch,said that although the prosecution could not answer several questions raised, still the court relied on the police version and hence the judgement appears “political not judicial”. Rihai Manch(Forum for the Release of Innocent Muslims imprisoned in the name of Terrorism) is on indefinite dharna outside the UP Assembly demanding arrest of police officers involved in Khalid Mujahid’s custodial death, issuing the RD Nimesh commission report and action taken report, and the immediate release of innocent Muslim youths imprisoned in the name of terrorism.
On Social media, Hindu nationalists, however, were quick to hail the court judgement and saw it as an evidence to prove the “genuineness” of the ‘encounter’. Meanwhile, the family of Delhi Police Inspector Mohan Chand Sharma, who was killed in the Batla House shootout in Jamia Nagar Sep 19, 2008, Thursday expressed satisfaction over the verdict, and said the family now awaits the final judgment.
(with inputs from IANS)