NIA court in Kerala has handed down life imprisonment to three convicts involved in the infamous hand-chopping case of Professor TJ Joseph. The professor, then teaching at Newman College in Thodupuzha, was brutally attacked by a group of individuals who severed his hand at the wrist. The attack was triggered by an exam question that was perceived as blasphemous towards Prophet Mohammed.

The NIA court, recognizing the severity of the incident, termed it a terrorist act with grave implications for the nation's secular fabric. The judgment highlighted that the act attempted to establish an unconstitutional parallel religious judicial system, challenging the rule of law in India. The court emphasized that faith cannot be used as a force of dehumanization and that such acts have no place in an independent and lawful country.

The convicts took the law into their own hands, seeking to establish an alternate religious judicial system, which the court deemed unconstitutional. The judgment stressed that the imposition of stringent punishment was necessary to safeguard the citizenry from such threats. The violent terrorist activity of the accused instilled terror in the minds of the people, violating their fundamental human right to live without fear, danger, or insecurity.

The trial, in this case, was conducted in two phases, with thirteen individuals found guilty in the first phase in 2015. The current trial, the second phase, resulted in six convictions and five acquittals. The NIA court observed that the exam question had swiftly generated controversy, leading to protests organized by various Muslim organizations, including the now-banned Popular Front of India (PFI) and the Social Democratic Party of India (SDPI).

Prior to the incident, the state government had filed a suo motu case against Professor Joseph, accusing him of disrupting religious harmony. He was arrested and spent six days behind bars before being released on bail. Despite receiving threats, it was a few months after his release that he was assaulted by a group of men, resulting in the amputation of his hand.

The NIA took over the investigation after the Kerala Police's initial inquiry. The prosecution argued that the accused, who were then leaders or active members of the PFI and SDPI, conspired to physically attack and murder Professor Joseph to incite terror and hatred among different religious groups.

The NIA court emphasized that the group of religious fanatics could have awaited a court decision regarding the professor's alleged crime. Instead, they chose to take matters into their own hands, committing an uncivilized act. Considering the facts and circumstances, the court concluded that the incident qualified as a terrorist act under the Unlawful Activities (Prevention) Act (UAPA). The defense argued that the attack targeted the professor alone and did not intend to strike terror in society. However, the court agreed with the prosecution's contentions and held the accused accountable under relevant sections of the UAPA.

The court analyzed the offenses alleged in detail and found six out of eleven persons guilty of various offenses under the Indian Penal Code and the Explosive Substance Act. Three of the convicts, Sajil, MK Nasar, and Najeeb KA, were also found guilty under the UAPA and were sentenced to life imprisonment. The remaining three, MK Noushad, PP Moideen Kunhu, and PM Ayoob, received three-year prison terms for criminal conspiracy and harboring offenders.

Case Title: Union of India v Savad & Ors