A Delhi court Tuesday gave life term to Shahzad Ahmad, lone convict and a suspected Indian Mujahideen operative, in the 2008 Batla House shootout in which a police officer was killed, saying the incident "shocked the collective conscience of the entire nation".
Additional Sessions Judge Rajender Kumar Shastri, who July 25 convicted the 24-year-old man from Azamgarh in Uttar Pradesh for killing Delhi Police Special Cell Inspector M.C. Sharma in the shootout, awarded life term to Ahmad and also imposed a Rs.95,000 fine on him.
"There can be no deeper wound on the rule of law than to attack a police officer, while discharging his official duty," the judge said.
The court said: "Ruminating facts of the case and also the circumstances of the convicts, I find mitigating circumstances more than aggravating ones and hence case in hands is not a 'rarest of rare case', which warrants death penalty upon the convicts."
Judge Shastri said out of the Rs.95,000 fine imposed on Ahmad, 40,000 would be given to the family of Sharma. Head constable Balwant Singh, who was injured in the shootout, would get Rs.20,000 out of the penalty amount.
The court said the case did not come under "rarest of rare case" category. However, no one can attack a police officer, while he is discharging his official duty.
"Masses from entire Delhi were seen weeping and mourning the death of that brave heart (Sharma). Traumatised intellectuals from all over the country went in pensive mood. All this is evident as how the incident shocked the collective conscience of the entire nation. This is also an aggravating circumstances," the court said.
The prosecution Monday sought death penalty for Ahmad saying it was in the category of "rarest of rare case".
The accused killed Sharma and injured head constables Balwant Singh and Rajbir Singh while they were performing their duty, so he be given death penalty, the prosecution said.
The court said "police is an integral part of our life. While in any peril, we rely upon the police. When we sleep, police awakes. It ensures our safety, day and night and wherever we are at home, in office or on roads".
"Being a law enforcing agency of state, the police has responsibility to bring the perpetrators of crime to book, consequently to chase them wherever they are expected to have hidden. Law obliges every person to assist the police in apprehending the suspect, whom the police is authorised to arrest," the court said.
"The convict of this case has been held guilty of obstructing police officers, killing Inspector M.C. Sharma and attempting to kill others, where one police officer suffered grievous hurt," the court said.
On the arguments of prosecution that five first information reports had been registered against Ahmad under various acts, the court said he was not found guilty in those cases and "an accused is presumed to be innocent till he is proved guilty".
"God willing, the convict would have learnt values of civilised society," the judge added.
On the contentions of the defence that accused Ahmad be granted pardon or remission from sentence, the court said it had "no authority" in this.
"Aforementioned powers have been granted to the executive by the Constitution itself. In my opinion, the courts have no authority to abrogate these constitutional powers, exercised by the executive," the court said.
The shootout between a Delhi Police Special Cell team and alleged IM operatives occurred Sep 19, 2008, days after serial blasts rocked the national capital Sep 13 claiming 26 lives.
Ahmad was said to be present in house number L-18 in Batla House in south Delhi where the shootout took place.
The court July 25 convicted Ahmad for offences including murder and attempt to murder.
