The Kerala High Court has rejected a petition filed by two accused in the sensational case in which a professor's palm was chopped by Islamic fundamentalists in July 2010. The duo sought to defer the second stage of the trial citing the COVID-19 situation in the state.
While turning down the pleas, the division bench of the High Court comprising Justice Vinod Chandran and Justice Siyad Rahman pointed out the NIA court had taken measures for the smooth conduct of the trial and to avoid crowding.
The first accused and a native of Muvattupuzha, Sajil, and the ninth accused Aluva native M K Naushad had approached the court with the plea.
The court said that the case pertained to 2010 and already a decade had passed. It made it clear that with the availability of online platform, they can participate in the court proceedings without the fear of COVID-19.
The petitioners argument that it would be difficult to identify the accused and witnesses if they appear through video conference was also not accepted by the court.
Earlier the trial court had rejected the demand.
In the first stage, the trial of 31 accused was completed and the verdict was delivered on April 30, 2015. The petition was filed at a time when the second-stage of the trial covering the remaining 11 accused is about to begin.
The trial of the 11 accused is taking place before the NIA court of Anil S Bhaskar.
The case pertains to the attack on T J Joseph, the then professor of a college in Thodupuzha. The extremists were provoked by a question set by Joseph for examination.
Cross-examination of victim's son over
The cross-examination of Joseph's son Mithun in connection with the case has been completed in the NIA court.
Mithun, who is the fourth witness, was cross examined by the prosecution as the first witness in second stage trial.
Joseph's wife Salomi died after the first stage of the trial. Public prosecutor P G Manu submitted a plea before the court to consider Salomi's earlier statements as it is during the second stage trial.
The accused
All the accused, barring the first accused Sawad who is still absconding, appeared in the court. The accused who are facing the second- stage trial are M K Nasser, Shafiq, Najeeb, Sajil, Azeez Odakali, Mohammad Rafi, T P Zubair, M K Naushad, Manzoor, P P Mohammad Kunju and P M Ayyub.
The accused had ganged up on July 4, 2010 to chop Joseph's hand. Earlier the court had convicted 13 of the 31 accused in the case. The accused who are facing trial now are those who were arrested after 2015.
