Batla House Case: Is Ariz Khan’s Death Sentence ‘Rarest of Rare’?
3 years, 9 months ago

Batla House Case: Is Ariz Khan’s Death Sentence ‘Rarest of Rare’?

The Quint  

In Santosh Kumar Satishbhushan Bariyar v. State of Maharashtra, the Supreme Court provided two steps that must be followed to evaluate whether the death penalty would be the appropriate sentence. Identification and balancing of aggravating and mitigating circumstances of both the crime and the criminal to see whether the case would fall under the category of ‘rarest of rare’. The only fact that informs the sentencing judge’s conclusion on reformation is that Ariz Khan had been evading investigating agencies for almost 10 years. While this does qualify as one of the aggravating factors, the court used this out of context as the only evidence to assess whether Ariz Khan holds the possibility to reform or not.

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History of this topic

Exercising mercy as a Constitutional duty: Pardon for death sentence: What is the law?
6 months ago

Exercising mercy as a Constitutional duty: Pardon for death sentence: What is the law?

Hindustan Times  

After a person is convicted of an offence, and the court holding it to be the rarest of the rare cases, passes a death sentence, justice does not rest. Justice is not merely in the passing of an adequate sentence but encompasses due process, which includes the convict’s right to appeal the sentence within the given legal framework – confirmation, …

Created Fear & Vulnerability Amongst Women, Had Profound Impact On Society: Kerala High Court Confirms Death Sentence Of Man Convicted Of Brutal Rape-Murder
7 months ago

Created Fear & Vulnerability Amongst Women, Had Profound Impact On Society: Kerala High Court Confirms Death Sentence Of Man Convicted Of Brutal Rape-Murder

Live Law  

The Kerala High Court today confirmed the death sentence imposed upon Muhammed Ameer-Ul Islam, a migrant labourer from Assam for committing the rape and murder of a law student in Perumbavoor on April 28, 2016. It said, “The Court stated that the brutality committed by the accused on the body of the victim to cause her death can only be …

Chandrasekharan murder case: Kerala HC upholds conviction of 12 accused
10 months ago

Chandrasekharan murder case: Kerala HC upholds conviction of 12 accused

Hindustan Times  

The Kerala high court on Monday upheld the conviction of 12 accused, including local Communist Party of India leaders, and set aside the acquittal of two others by a trial court in the case of the murder of TP Chandrasekharan, founder of Revolutionary Marxist Party, by a group of assailants in May 2012. Of the 12 accused convicted by the …

Batla House encounter: Inspector Mohan Chand Sharma’s wife to move SC challenging Delhi HC order
1 year, 2 months ago

Batla House encounter: Inspector Mohan Chand Sharma’s wife to move SC challenging Delhi HC order

Op India  

After the Delhi High Court on Thursday commuted the death penalty awarded to Ariz Khan to life imprisonment in the Batla House Encounter case in which Delhi Police Inspector Mohan Chand Sharma was murdered, his wife Maya Sharma said that she would move Supreme Court. Earlier today, the Delhi High Court on Thursday commuted the death penalty awarded to Ariz …

Batla House case: Delhi HC commutes death sentence of Ariz Khan to life term
1 year, 2 months ago

Batla House case: Delhi HC commutes death sentence of Ariz Khan to life term

Op India  

The Delhi High Court lowered the Indian Mujahideen terrorist Ariz Khan’s death sentence to life imprisonment in the 2008 Batla House Encounter case on 12 October. A team of Delhi Police officers, some without weapons conducted a raid at Batla House on 19 September 2000 in order to apprehend Indian Mujahideen terrorists. He was convicted of killing Mohan Chand Sharma …

Batla House Encounter: Delhi High Court Refuses To Confirm Death Penalty Awarded To Ariz Khan, Upholds Conviction
1 year, 2 months ago

Batla House Encounter: Delhi High Court Refuses To Confirm Death Penalty Awarded To Ariz Khan, Upholds Conviction

Live Law  

The Delhi High Court on Thursday refused to confirm the death penalty awarded to Ariz Khan, who was convicted by a trial court in the 2008 Batla house encounter case in which Delhi Police’s inspector Mohan Chand Sharma was killed.division bench of Justice Siddharth Mridul and Justice Amit Sharma however upheld the trial court order convicting Khan in the case …

Capital term review, mitigation probe of death row convicts
1 year, 7 months ago

Capital term review, mitigation probe of death row convicts

New Indian Express  

The order is significant as it revisits, once again, the often ignored aspect of death penalty jurisprudence. Sure, the two prisoners who are serving death sentences have committed heinous crimes: one involves a techie convicted for murdering his female friend’s three-year-old daughter and mother-in-law and injuring her husband at Attingal in Thiruvananthapuram in 2014, while the second convict is a …

The death penalty and humanising criminal justice
2 years, 1 month ago

The death penalty and humanising criminal justice

The Hindu  

As a conservative agency of the state, the Supreme Court of India is ordinarily expected to tread the path laid out by the written text of law and the binding precedents. On policies and uniformity The focus here is on reframing ‘Framing Guidelines Regarding Potential Mitigating Circumstances to be Considered While Imposing Death Sentences’, a decision authored by the three …

Death Penalty: SC Refers to 5-judge Bench Case on Framing Guidelines on Mitigating Circumstances
2 years, 3 months ago

Death Penalty: SC Refers to 5-judge Bench Case on Framing Guidelines on Mitigating Circumstances

News 18  

The Supreme Court on Monday referred to a five-judge Constitution bench a suo motu plea on framing of guidelines on how and when potential mitigating circumstances be considered by courts during trial in cases which entail the death penalty as the maximum punishment. A bench headed by Chief Justice Uday Umesh Lalit said it was of the opinion that this …

Death Penalty : Legislative And Judicial Chronology From Bachan Singh Vs. State Of Punjab (1980) To Manoj Singh Vs. State Of M.P(2022)
2 years, 4 months ago

Death Penalty : Legislative And Judicial Chronology From Bachan Singh Vs. State Of Punjab (1980) To Manoj Singh Vs. State Of M.P(2022)

Live Law  

Death Penalty, one of the punishments that can be awarded to an accused in India- has always been subject to diverse views, criticism and repeated evaluations of being effective or ineffective in retribution or being a necessary action in few cases. The five judge bench in Bachan Singh's case laid down elaborate frame-line and guiding factors to be taken into …

The challenge of reforming death penalty sentencing
2 years, 6 months ago

The challenge of reforming death penalty sentencing

The Hindu  

There has been an intense and persistent crisis in the fairness of administering the death penalty in India for many decades now that has been acknowledged in judgments of the Supreme Court of India, by former judges, lawyers, researchers, etc. Individualised sentencing The constitutionality of the death penalty was upheld in 1980 in Bachan Singh vs State of Punjab, which …

Supreme Court Criminal Digest -April 2022
2 years, 7 months ago

Supreme Court Criminal Digest -April 2022

Live Law  

Arms Act, 1950; Section 27 - Supreme Court Patna High Court judgment which modified the judgment passed by the Trial Court convicting the appellants- accused under Section 307 read with Section 34 Indian Penal Code to Section 324 IPC and confirming their conviction under Section 27 of the Arms Act. Mohd Firoz v. State of Madhya Pradesh, 2022 LiveLaw 390 …

Revisiting death penalty jurisprudence
2 years, 7 months ago

Revisiting death penalty jurisprudence

The Hindu  

On April 22, a Bench of the Supreme Court of India, led by Justice U.U. Several other cases also were decided by ignoring the Bachan Singh doctrine, as noted by the Supreme Court itself in Santhosh Kumar Satishbhushan Bariyar vs State of Maharashtra and Rajesh Kumar vs State. Taking empirical lessons from the fate of Bachan Singh, the Supreme Court …

Supreme Court underscores need for holistic picture of convicts facing death penalty sentencing
2 years, 8 months ago

Supreme Court underscores need for holistic picture of convicts facing death penalty sentencing

The Hindu  

A man condemned to death for the brutal gangrape of a seven-year-old girl in Madhya Pradesh has turned the spotlight on a question that has haunted trial judges — do they really know the person they send to the gallows? The Madhya Pradesh High Court, when the case came up in appeal, reasoned that death penalty was an effective deterrent …

Ahmedabad serial blasts: Indian court sentences 38 out of 49 convicts to death in 2008 case
2 years, 10 months ago

Ahmedabad serial blasts: Indian court sentences 38 out of 49 convicts to death in 2008 case

The Independent  

For free real time breaking news alerts sent straight to your inbox sign up to our breaking news emails Sign up to our free breaking news emails Sign up to our free breaking news emails SIGN UP I would like to be emailed about offers, events and updates from The Independent. Read our privacy policy A local court in the …

Batla House Encounter: Convict Ariz Khan Moves Delhi High Court Challenging Death Sentence
3 years, 5 months ago

Batla House Encounter: Convict Ariz Khan Moves Delhi High Court Challenging Death Sentence

Live Law  

Batla House Encounter convict Ariz Khan, who was sentenced to death by a trial court in connection with killing of inspector Mohan Chand Sharma, has moved the Delhi High Court challenging his sentence as well as his conviction in the matter.Filed through Advocates M S Khan and Qausar Khan, the appeal challenges the judgment of the Trial Court wherein the …

Batla House encounter: Convict Ariz Khan challenges death penalty in Delhi high court
3 years, 5 months ago

Batla House encounter: Convict Ariz Khan challenges death penalty in Delhi high court

Hindustan Times  

Ariz Khan, who earlier this year, was convicted by a trial court over the killing of inspector Mohan Chand Sharma during the 2008 Batla House encounter, has challenged his conviction in the Delhi high court, as well as the death sentence handed to him for Sharma's killing. Khan's plea challenging the trial court's verdict, which found his offence to be …

Breaking- Batla House Encounter: Delhi Court Awards Death Sentence To Convict Ariz Khan, Observes "Rarest Of The Rare Case"
3 years, 9 months ago

Breaking- Batla House Encounter: Delhi Court Awards Death Sentence To Convict Ariz Khan, Observes "Rarest Of The Rare Case"

Live Law  

A Delhi Court on Monday awarded death penalty to convict Ariz Khan alias Junaid in the matter relating to the Batla House encounter of 2008 where police inspector Mohan Chand Sharma and two alleged terrorists were killed during the showdown between the two parties. While observing that the natural and inescapable conclusion in the matter shows that there is no …

2008 Batla House encounter case: Delhi Court awards death penalty to Ariz Khan
3 years, 9 months ago

2008 Batla House encounter case: Delhi Court awards death penalty to Ariz Khan

Live Mint  

Delhi court today awarded death penalty to Ariz Khan for murder of inspector Mohan Chand Sharma and other offences in connection with the 2008 Batla House encounter. Union Minister Prakash Javadekar on 2008 Batla House encounter verdict said,"Sonia Ji, Arvind Kejriwal, Mamata Banerjee, & Digvijaya Singh had raised questions on the police action &, in a way, sided with the …

Batla House: Convict Ariz Khan gets death penalty, slapped with ₹11 lakh fine
3 years, 9 months ago

Batla House: Convict Ariz Khan gets death penalty, slapped with ₹11 lakh fine

Hindustan Times  

A Delhi court on Monday sentenced alleged Indian Mujahideen terrorist Ariz Khan to death in connection with the 2008 Batla House encounter case. Khan was convicted by a city court on March 8 for killing inspector Mohan Chand Sharma of the Delhi Police special cell, who led the operation on September 19, 2008. Besides handing Khan the death penalty, the …

Batla House encounter: Death penalty for Ariz Khan, convicted of murder of Delhi Police inspector
3 years, 9 months ago

Batla House encounter: Death penalty for Ariz Khan, convicted of murder of Delhi Police inspector

India Today  

Ariz Khan, convicted of the murder of a Delhi Police inspector, has been given the death penalty. Additional Sessions Judge Sandeep Yadav had convicted Ariz Khan for the murder of Delhi Police inspector Mohan Chand Sharma. Batla House encounter Batla House is a locality in Delhi’s Jamia Nagar, where an encounter between the Delhi police and alleged terrorists took place …

In Batla House case, court pronounces Ariz Khan guilty of killing Delhi Police inspector Mohan Sharma
3 years, 9 months ago

In Batla House case, court pronounces Ariz Khan guilty of killing Delhi Police inspector Mohan Sharma

Hindustan Times  

A Delhi court on Monday held Ariz Khan guilty of killing inspector Mohan Chand Sharma, along with his accomplices, in the Batla House encounter which took place in the national capital in September 2008. In Batla House case, court pronounces Ariz Khan guilty of killing Delhi Police inspector Mohan Sharma He has been convicted under sections 302, 307, 333 and …

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