On July 13, the Special NIA Court, Ernakulam, sentenced six accused in the infamous 2010 Prof TJ Joseph Hand Chopping case. The court sentenced the three accused – Sajil, Nasar and Najeeb – to life imprisonment and the other three accused – MK Noushad, PP Moideen Kunhu and PM Ayoob – to rigorous imprisonment for three years. The court found that the accused did not deserve leniency as the accused had “no feeling of remorse.”
In 2010, Prof TJ Joseph released an exam with a question which was allegedly blasphemous and an insult to Mohammad. Tasni, a Muslim girl, was one of the students sitting for the exam. She found the question inappropriate and informing about it to her mother after returning to the house. Later, the question became a controversial issue with protests, marches, hartals and rallies initiated against the question.
The now-banned terror outfit Popular Front of India (PFI) and its political wing, Social Democratic Party of India (SDPI), were at the forefront of these protests. The court noted that the college management also received threatening calls after the issue became controversial. Furthermore, the Dy SP, Thodupuzha, also informed that the issue became so serious that there were chances of riots and the police were taking over the protection of the college.
The court noted that there were three postcards, containing threatening messages including a death threat to Prof TJ Joseph, were sent. The court further notes that in one of the postcards, the sender’s name was mentioned as SDPI, India. Thereafter, a criminal case was registered against Joseph and he was suspended from the college.
However, Prof TJ Joseph’s suspension and registration of a criminal case did not calm down the PFI and SDPI extremists. “The violent protests continued,” the court noted. The court further observed that the PFI and SDPI extremists were not ready to accept Joseph’s actions as an individual act, however, the extremists voiced it as a “calculated attack on Muslim community” with the backing of global “Christian imperialistic lobbies.”
“In other words they took it as a communal issue,” the court noted. Thereafter, the PFI and the SDPI issued inflammatory pamphlets and notices addressed to its cadres to “wake up and to take up a fight against the rival sections of the society.” The court noted that the PFI and SDPI extremists continued to turn violent on occasion, with violent attacks on official vehicles and government hospitals. The SI of Police, Thodupuzha, deposed before the NIA court that these attacks were led by SDPI.
“Certified copies of the FIRs were marked as Ext.P240, 299 etc. All the police officers were unanimous in stating that PFI/SDPI cadres were leading the violent protests,” the court noted. While nowhere in the FIR it was stated that PFI and SDPI were involved in the protests, a local Sub Inspector deposed before the court that many accused persons in the instant case were leaders of PFI.
“There is nothing to disbelieve these officers. Especially being the local sub inspectors their version is to be believed. All these will go to show that PFI and SDPI cadres were up in their arms against Prof Joseph for the alleged derogatory comments made against Prophet Muhammad,” the court said.
The police seized several inflammatory writeups, pamphlets and documents concerning the controversy. The police seized a writeup titled “What happened at Thodupuzha” from the houses of some accused, which was published by PFI. The police also seized another inflammatory document from the PFI office, titled “Insult to prophet; Is it the police or the church behind the conspiracy.”
“PW46 was the then Mandalam President of SDPI party. SDPI conducted Janakerala Yathra in April, 2010. This witness turned hostile, still he deposed on this Yathra as well as protest marches held by SDPI against the question paper issue. Through him a notice circulated by SDPI on the question paper issue was marked as Ext.P75,” the court noted.
The court reiterated certain excerpts from the pamphlets aimed at inciting hatred against Kerala’s Christian community, referring to the pamphlets marked as Exhibit P707. The pamphlets were published by PFI’s Ernakulam District Committee.
“In the recent times, there has been a rise of joint efforts from various sources to destroy Muslims in Kerala by suppressing them through communal riots as it was done in North India. The latest example of such an effort is the event that occurred in the Newman College, Thodupuzha,” the pamphlet read alleging various attempts to “destroy” Muslims in Kerala.
The pamphlet continues to allege a greater conspiracy, backed by global Christian-Imperialist lobbies that “insult Islam.” The pamphlet referred to a cartoon insulting Mohammad drawn in Denmark. The PFI allegedly turned Prof TJ Joseph’s exam question into a global Christian conspiracy aimed at insulting Muslims and hurting their religious sentiments.
“It is to be suspected that the persons behind all these incidents are the spokespersons of global Christian-Imperialist lobby that insults Islam and hurts the sentiments of Muslims. Not only were cartoons that insult the Prophet drawn in Denmark, but the said cartoonist was justified; and to further insult Muslims again and again these cartoons were re-published by the media there,” the pamphlet read.
“It was only recently that an article titled “Kannadaprabha” was falsely made by Indian Express in the name of Thasleema thereby burning furiously a communal riot in Hassan and Shimoga of Karnataka. It was the Christian lobby itself that widely distributed the book titled “Chinvathu Palam”, insulting Islam in Chunkappara at Pathanamthitta,” the pamphlet read.
“All these incidents points a finger at the Christian extremists who work towards insulting other religions in the name of propagating religion, by taking crores of money from the Imperialists. The incident at Thodupuzha points a finger at several other terrorising realities,” the pamphlet alleged.
The court further noted the contents of PFI’s pamphlets attached as Exhibit P390 and P427. The pamphlets claimed that Prof TJ Joseph’s exam question controversy was a “continuation of the organised efforts” by Christian missionaries with Israeli links to insult Islam. “The question paper controversy is a continuation of the organised efforts by Christian Congregations and Christian Missionaries having Israel links to insult Islam and the Prophet,” the pamphlet read.
“It is to be pitied that the educated Christian Leadership of Kerala which claims to be a State of religious harmony and cultural heritage supports the worldwide effort of the Christian-Jewish lobby against Islam. This violates all boundaries of civility,” the pamphlets stated.
The PFI’s inflammatory pamphlets attempted to incite violence against the Christians in the backdrop of TJ Joseph’s exam question controversy. The pamphlet claimed that there “must be boundaries set for everything.” The pamphlets further claimed that if such boundaries are not set then there must be “interferences to bring them to limits,” allegedly indicating violent measures. “There must be boundaries set for everything. If such boundaries are not set it will require interferences to bring them to limits. It will not solve the problem if such interference is called provocation or terrorism,” the pamphlets read.
The PFI’s pamphlets further cheered the “Muslim Youth who are willing to give up their lives…to protect their Islamic belief.” The PFI further criticised the Muslims “who choose to ignore the same will be answered by time on burning coal floors.”
“While the world witnesses the resurrection of the Muslim Youth who are willing to give up their lives and build forts of defence to protect their Islamic belief; those who choose to ignore the same will be answered by time on burning coal floors,” the terror outfit PFI said in their pamphlets.
The court also notes the SDPI’s pamphlet, which said, “The stench of the criminal bias of Indian legal system is now spreading to Kerala. A question raised in a question paper set for 1st year degree students by a Private Management College in Idukki District clearly insults a particular region.” “SDPI is said to be the political party of PFI,” the court noted.
The court notes that the PFI and SDPI’s writeups and pamphlets gave motivation to their cadres to go forward and join together to take revenge against Prof TJ Joseph and the so-called Christian imperialist lobby. “Definitely these writeups gave motivation and strength to the activists of PFI to go forward and join together to take revenge on Prof. Joseph and the so called Christian imperialist lobby,” the court said.
The court further said that certain accused facing trial were active members of the PFI and SDPI. “As far as the accused who are facing trial in this case, it is said that A3 Nasar was the then District Convener of PFI Ernakulam district committee, A10 Mansoor Ernakulam District Secretary of PFI, A11 Moideen Kunhu, Ernakulam District Secretary of SDPI and the remaining accused are the active members of PFI/SDPI,” the court noted.
Notably, Nasar and Moideen Kunhu were found guilty by the NIA court in the present case. While Nasar has been sentenced to life imprisonment, Moideen Kunhu has been sentenced to three years of rigorous imprisonment.
NIA Court Convicts Six Accused
“Here is a case wherein a Professor’s hand was chopped off and thrown out in broad daylight in the presence of his relatives and neighbours, striking terror in the mind of a section of people. The situation was really horrible. As prescribed in their religious text, the accused were delivering sentences on Prof. Joseph for the alleged blasphemy of Prophet Mohammed and Islam in the question paper set by the said Professor. The mental trauma and physical pain suffered by the Professor is terrific. His wife, who had witnessed this incident, could not withhold the trauma for long and committed suicide,” the court described the facts of the case.
“What has been committed is a terrorist act. The Nation and its citizenry also suffered a lot. Terrorism has been recognised as one of the six most severe threats to civilisation, security and humanity. The act of the accused is a challenge to the secular fabric of our Nation. It attempts to establish a parallel religious judicial system which is absolutely illegal, illegitimate and unconstitutional. It has no place in independent India under our constitutional scheme. A country governed by the rule of law cannot fathom it,” the court said in its 461-page judgement.
“Adjudication of disputes is essentially the function of a sovereign state which can never be abdicated or parted with. Establishing a parallel religious judicial system goes counter to the policy of our constitution,” the court added.
The court noted that in the instant case, a suo motu case was registered against Professor TJ Joseph for the examination question alleged to be blasphemous to Mohammad and Islam. However, the accused “were not ready to leave it to the court of law to adjudicate the matter.” The court notes that the Muslim accused declared it an act of blasphemy and decided to deliver the sentence as per their religious texts, executing it by chopping off the Professor’s hand, with which he had penned the question. “This most uncivilised act cannot be countenanced at all,” the court said.
“The citizenry has a ‘fundamental’ and ‘human right’ from any kind of psycho-fear, threat, danger or insecurity at the hands of anti-social elements. Otherwise, they cannot strive towards excellence in all spheres of their individual and collective activity. The accused, by their violent terrorist activity, had really struck terror in the people’s minds. To avoid repeating similar incidents, imposing stringent punishment on the accused is highly necessary,” the court said.
The trial court further observed that the accused did not show any feelings of remorse. The prosecution further produced a witness, in whose marital home Sajil took shelter while absconding, who deposed before the court that when the news of the Professor’s wife’s suicide came out, Sajil was in a “celebrating mood.” “The factual circumstance doesn’t disclose any remorse on the accused’s side. Therefore I don’t find any possibility for the reformation of the accused,” the court said.
Thus, the Special NIA Court sentenced the three accused – Sajil, Nasar and Najeeb – to life imprisonment and the other three accused – MK Noushad, PP Moideen Kunhu and PM Ayoob – to rigorous imprisonment for three years. The court said that the substantive sentences of imprisonment would run concurrently and the convicts are entitled to get set off of the period undergone by them in custody. The court further discharged the bail bonds executed by the accused, except Nasar.
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