Kerala High Court Provides Relief to Principal PFI Accused in Professor Hand-Chopping Case

Kochi, Dec 13 (NationPress) The Kerala High Court has suspended the life sentence of the third accused, M K Nasar, who was sentenced to life imprisonment by a trial court last year for the brutal act of chopping off the right palm of Professor T J Joseph. The court has also granted him bail.

During the court proceedings, the prosecution argued that Nasar was the main conspirator involved in the plot to chop the professor's hand, claiming he was also responsible for recruiting individuals for terrorism and had supervised the entire operation.

Upon reviewing Nasar's plea, a divisional bench, consisting of Justices Raja Vijayaraghavan V and PV Balakrishnan, noted that the accused had already spent over nine years in incarceration since his surrender in 2015, while the trial did not commence until June 2021, with the judgment being rendered only in 2023.

"The applicant has been enduring imprisonment, both pre-conviction and post-conviction, for more than nine years. Additionally, the fact that other accused facing similar allegations received lesser sentences and have since been released is a significant consideration," stated the Court.

Moreover, appeals filed by the NIA challenging the findings of the Sessions Judge are currently under review in separate proceedings, which have yet to be addressed. There is also the potential for delays, as the primary accused has surrendered, and the Sessions Judge may need to examine original records for the trial. Given these circumstances, the Court opined that the sentence imposed on the applicant could be suspended while the appeal is considered.

A total of 31 individuals were put on trial, with 13 convicted and 18 acquitted by the trial court in 2015.

This case involves Professor Joseph, who in July 2010, after attending Holy Sunday services at a local church in Muvattupuzha, Ernakulam district, was ambushed.

A group of eight assailants in an Omni van intercepted him, forcibly removed him from his vehicle, and chopped off his right palm.

The attack on Professor Joseph stemmed from a question paper for second-year B.Com students at Newman College, where the accused claimed he had used derogatory terms against Prophet Mohammed.

This shocking incident, carried out by activists of the now-banned Popular Front of India, followed an alleged ruling from an illegal court operating in Erattupetta, Kottayam district.

Joseph's life took a tragic turn after this event; he was dismissed from his teaching position by the Christian management, and his wife, Salomi, tragically took her own life in 2014, leaving him devastated.

His autobiography, titled 'Attupokatha Ormakal' (Unforgettable Memories), recounts his harrowing experiences and earned him the Kerala Sahithya Academy award. It has also been translated into English as 'A Thousand Cuts: An Innocent Question and Deadly Answers.'

The Court also mentioned, "Considering that the appeal dates back to 2013 and that appeals from other accused are still pending, it may not be feasible to address the appeal in the near future.

“Furthermore, appeals seeking to increase the sentences in the previous case are also pending," added the Court.

The Court acknowledged that the prolonged delay in reviewing the appeal was a favorable factor in granting the accused bail, leading to the suspension of his sentence.