Kochi: The Kerala High Court has suspended the life sentence of MK Nasar, who was convicted in the brutal 2010 attack on Professor TJ Joseph. The court cited prolonged imprisonment and delays in the appeals process while suspending his sentence nine years into incarceration.

The Division Bench of Justice Raja Vijayaraghavan V and Justice PV Balakrishnan noted that Nasar, who surrendered in November 2015, had faced trial delays. The judgment in his case was delivered only in July 2023. The court highlighted that similar offenders, who received lesser sentences, was already released.

In its ruling, the court stated:
"The applicant has been undergoing incarceration, at the pre-conviction and post-conviction phases, for over nine years. Given the delays in considering the appeal and the fact that others accused of similar offences were handed lighter sentences, we believe the sentence can be suspended pending the appeal."

Nasar was convicted under the Explosive Substances Act, the Unlawful Activities (Prevention) Act (UAPA), and the Indian Penal Code (IPC). He was sentenced to life imprisonment under Section 20 of the UAPA and received additional sentences under Sections 302 and 120B of the IPC and Section 3 of the Explosive Substances Act.

The prosecution identified Nasar as the mastermind behind the conspiracy to attack Professor Joseph. It alleged that Nasar recruited operatives, supervised the attack, and acted as a key conspirator.

Senior Advocate Ragenth Basant, representing Nasar, emphasised that his client had already spent over nine years in custody without a clear timeline for his appeal to be heard. Basant argued that such prolonged incarceration violated Article 21 of the Constitution, citing precedents from the Supreme Court that stress the injustice of long pre-appeal imprisonment.

On the other hand, the Assistant Solicitor General of India contended that Nasar had absconded initially, causing delays in the trial. The prosecution described Nasar as a religious extremist who orchestrated the attack to incite terror.

The incident dates back to 2010 when a question in an exam set by Professor TJ Joseph, then Head of the Malayalam Department at Newman College, Thodupuzha, allegedly contained a passage insulting Prophet Mohammed. On July 4, 2010, a group of armed men attacked Professor Joseph and his family while they were on their way to church, severing his right hand in retaliation for the question paper.

The brutal attack led to the trial of 31 individuals, resulting in 13 convictions and 18 acquittals in 2015. Among those convicted, MK Nasar received one of the most severe sentences.
(With LiveLaw inputs.)