Batla house encounter: Accused claims he was not in the flat

Suspected Indian Mujahideen operative Shahzad Ahmad facing trial in the 2008 Batla House encounter case today claimed before a Delhi court that he was not present in the flat in which the alleged shootout took place.

The counsel for accused Shahzad, in his final arguments before Additional Sessions Judge Rajender Kumar Shastri, said the prosecution witness and also the eye witness in the case are deposing falsely against his client.

The counsel also rejected police claim that Shahzad had jumped off the balcony and fled after firing at the police party in which one Delhi police inspector M C Sharma was killed during the September 19 Batla House encounter here.

"One of the prosecution witnesses in the case has deposed that while the firing was going on, he was standing at the main gate of the flat and one of the occupants of the house was lying near the door after he got bullet injuries.

"How is it possible that accused Shahzad fled away from the spot as there was only one exist," the defence counsel said.

The counsel also said that the alleged recovery of the passport from the spot is incorrect, as it is in possession of the other investigating officer who was probing the 2008 blast case in Delhi.

"Why is that an article recovered from one place (Batla house flat) was seized by another investigating officer," the counsel said.

The final arguments on behalf of the counsel for Shahzad, will continue on July 15. The prosecution had completed its submission on July 2.

Shahzad is said to be one of the occupants of the flat in Jamia Nagar where the encounter took place on September 19, 2008 between officers of the Special Cell of Delhi Police and the alleged IM terrorists said to be involved in the September 13, 2008 serial blasts.