A Delhi court has framed charges against suspected Indian Mujahideen terrorist Shahzad Ahmed, involved in a gunbattle with a Delhi police team at Batla House in New Delhi in 2008, paving the way for start of trial against him.
Additional Sessions Judge Ajay Kumar Kuhar charged Ahmed, alias Pappu, for the offences of murder (Section 302) and attempt to murder (Section 307) of the Indian Penal Code, besides other penal offences for his role in the encounter.
The encounter had taken place on September 19, 2008, six days after serial terror blasts rocked Delhi, killing 26 persons and injuring 135 others. The police had reached Batla House on a tip off that some suspected militants involved in the blasts were holed up in the building.
The court also charged Shahzad Ahmed under section 333 (causing hurt to public servant), 353 (assault to deter a public servant from discharge of his duty), 186 (obstructing public servant in discharge of his public functions), 201 (causing disappearance of evidence) of the IPC besides section 27 of the Arms Act.
"Keeping in view the facts and circumstances of the case, a prima facie case for the offence under section 186/353/333/302/307 read with section 34 (common intention) IPC and section 27 of the Arms Act is made out against the accused Sahazad Ahmed. "Since the chargesheet has also been filed against the accused for offence under section 174-A of the IPC on account of his being declared a proclaimed offender, he also needs to be charged for the said offence," ASJ Kuhar said.
The court also noted that after Shahazad fled from Batla House, he threw the revolver used by him in Gang Nahar near Bulandsehar in Uttar Pradesh.
Out of the five accused allegedly involved in this case, Atif Ameen and Mohd Sajid were killed during the encounter at house number L-18, Batla House in the Jamia Nagar locality in Delhi.
Highly decorated Delhi Police Inspector Mohan Chand Sharma succumbed to the bullet injuries sustained during the gun battle while head constable Balwant was injured.
Apart from these two, one Ariz Khan had been declared a proclaimed offender while Mohd Saif was not arrested as according to the prosecution case, he had surrendered and did not play any part in the entire incident.
The police team had recovered two .30 bullet pistol, one A K series rifle with two loaded magazines, containing 30 live cartridges from the spot.