By TwoCircles.net Staff Reporter,
New Delhi: The Delhi Police filed charge-sheet in the controversial Batla House encounter case in the Patiala House court here on April 29. The charge-sheet relied heavily on police officers’ accounts. There is no independent witness. Shahzad Ahmed @ Pappu, who was picked from his home in Azamgarh this February, has been charged with murder of Inspector Mohan Chand Sharma. The weapon, however, has not been traced.
The encounter took place on September 19, 2008 at L-18 Flat in Batla House area in New Delhi’s Jamia Nagar locality. In the shootout, two alleged terror suspects Atif Ameen and Mohd Sajid were killed by the police while Inspector Mohan Chand Sharma sustained bullet injuries which he succumbed to later in the evening.
The 1100-page charge-sheet details the sequence of events leading to the encounter. The charge-sheet, however, doesn’t mention any independent witnesses and relies on the testimonies of cops, doctors and experts. Though the police have recorded the statement of 57 witnesses, there is no independent witness among them.
In the charge-sheet Shahzad has been charged with murder of the police inspector. But the police could not trace the weapon of the crime. For a long time after the encounter the police said Inspector Sharma was killed by the two slain terror suspects Amin and Sajid. But soon after they picked Shahzad from his home in Azamgarh on February 6, 2010, they put the charge of murder of the police officer on him.
According to the charge-sheet Shahzad and one Ariz @ Junaid fled the scene of encounter after firing at the police team. Junaid is till absconding and carrying a reward of Rs 5 lakh. The duo has been charged under sections 302 (murder), 307 (attempt to murder), 120 b (criminal conspiracy), 186 (obstructing public servant in discharge of public functions), 353 (assault or criminal force to deter public servant from discharge of his duty) and Arms Act.
Another Azamgarh youth Mohd Saif was picked from the same L-18 Flat after the encounter on that day. Saif had allegedly locked himself inside the toilet when the encounter was on. He has not been charged in the charge-sheet.
Detailing the sequence, the charge-sheet says a team of Special Cell investigating the September 13 Delhi serial blasts reached the flat tracking a mobile number. On verification, people from inside opened fire at the police team resulting in the death of Inspector Mohan Chand Sharma and later two militants were killed in the cross fire.
The charge-sheet tries to rebut senior lawyer Prashant Bhusan’s allegations in the Delhi high court that the encounter was fake. In their defence, the police cite Shahzad’s confession. The charge-sheet says that Shahzad claimed that he along with Ariz had fired on the police team and later fled from the scene taking advantage of the chaos.
Since the day one, human rights organizations have said that the encounter was fake. Their demand for judicial enquiry was turned down by the government. They and the family members of the accused have rejected the NHRC report on the encounter, as it took only police version and did not note the accounts of the families and neighbours.
Last month the NHRC had released the post-mortem report of Atif and Sajid and MC Sharma. The report mentioned that the terror suspects sustained injuries by a blunt object, apart from gunshot wounds, again strengthening the doubts of the rights groups about the genuineness of the encounter.