Kerala Hand-Chopping Case : Supreme Court Adjourns Bail Plea Of PFI Member; NIA Says Trial Will Be Over In 6-8 Months

The Supreme Court on Tuesday adjourned the petition filed by MK Naser, a member of the Popular Front of India(PFI), seeking bail in the case related to the chopping of the hand of Kerala Professor TJ Joseph in 2010.

A bench comprising Chief Justice of India NV Ramana, Justice AS Bopanna and Justice Hima Kohli listed the petition after four weeks, after the National Investigation Agency submitted that the trial is likely to be completed within 6-8 months

"Let us see how trial proceeds", CJI Ramana said while listing the matter after four weeks.

Senior Advocate R Basant, appearing for Naser, placed reliance on last year's judgment in the case of K.A Najeeb, in which the Supreme Court granted bail to a co-accused in the same case observing that a constitutional court can grant bail under UAPA taking into account the long delay in trial(Union of India v K A Najeeb).

Additional Solicitor General Aishwarya Bhati, appearing for the National Investigation Agency(NIA), opposed bail by submitting that the trial in the case is going on and is expected to be over within 6 to 8 months.  She submitted that the trial against one set of 31 accused got concluded in 2015, resulting in many convictions. Appeals against the convictions and cross-appeals by the NIA against certain acquittals are pending.

She added that the present petitioner is the mastermind of the crime and the trial against him got delayed as he was absconding for five years.

"The reason for the separate trial is the petitioner and other accused were absconding for 5 years. The petitioner is the mastermind. The crime is that a Professor's hands were chopped off in broad light in public space for alleged blasphemy", Bhati submitted.

Basant submitted that only 73 out of over 300 witnesses have been examined so far and the trial is likely to take further time. The bench posted the matter after 4 weeks to ascertain the progress of the trial.

Naser has approached the Supreme Court challenging the judgment delivered by the Kerala High Court on March 31, 2021, which denied him bail. A division bench comprising Justice K Vinod Chandran and MR Anitha noted that Naser, who was the PFI District Committee Convenor, was the "mastermind" behind the crime and that he had remained underground for five years after the crime. The Court also noted that in the earlier trial, 90 witnesses turned hostile due to threats and coercion by the absconding accused.

"The appellant being the mastermind and the key conspirator cannot be let out on bail at this stage which would seriously jeopardize the trial. Even the witnesses who have been granted protection would be compromised since their close relatives could be threatened or induced", the High Court noted while dismissing his bail application, which was filed citing change of circumstances in the light of the Supreme Court's judgment in Najeeb case.

"The Supreme Court judgment by itself will not amount to a change of circumstance, to entertain his third application for bail especially because the Hon'ble Supreme Court rejected the appeal against grant of bail by this Court. The grant of bail by this court to the 5th accused(Najeeb) was considered by this Court while dismissing his earlier appeal against the rejection of bail for the 2nd time. There was also found no identity of facts or allegations against the 5th accused who was granted bail and the present appellant", the High Court observed.

Case : MK Naser versus Union of India| SLP(Crl) No. 3579/2021

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