Published Oct 09, 2023 | 6:15 PM ⚊ Updated Oct 09, 2023 | 6:17 PM
Lakshadweep MP Mohammed Faizal. (Creative Commons)
The Supreme Court Monday, 9 October, stayed the Kerala High Court order rejecting NCP leader Mohammed Faizal’s petition seeking the suspension of his conviction in an attempt-to-murder case.
An order which would lead to revocation of his disqualification as Lok Sabha MP for a second time.
After the Kerala High Court’s 3 October order, he was disqualified as a member of the Lok Sabha on Wednesday. Faizal, who represented Lakshadweep in Parliament, has been disqualified twice as a lawmaker this year.
“In the meantime, the operation of the impugned order 3 October 2023 of the High Court is stayed. The interim order passed by this court (the Supreme Court) in favour of the petitioner earlier is made operational,” said a bench of Justice Hrishikesh Roy and Justice Sanjay Karol after hearing brief submissions by senior advocate Kapil Sibal and Additional Solicitor General KM Natraj.
The Supreme Court on 22 August temporarily protected Faizal’s status as MP and remanded the case back to the high court to decide it afresh.
“The Supreme Court order is not a setback as it directed the high court to consider all the aspects of the case before delivering a fresh order. There are other factors, excluding the cost to the state of a fresh electron, to be considered in the case,” Faizal told South First in August 2023.
“I’m confident that the high court would rule again in my favour since there are new developments pertaining to the case that could prove my innocence,” he added.
ASG Natraj, appearing for the Lakshadweep administration, opposed the stay of the high court’s order. The bench also notified the Lakshadweep UT administration and sought its response in four weeks.
Earlier, Faizal moved the top court challenging the high court order rejecting his plea for suspending his conviction in an attempt to murder case.
“In view of order dated 03.10.2023 of the Hon’ble High Court of Kerala, Shri Mohammed Faizal PP, Member of Lok Sabha representing the Lakshadweep Parliamentary Constituency of the Union Territory of Lakshadweep, stands disqualified from the membership of Lok Sabha from the date of his conviction, i.e. 11th January, 2023,” a Lok Sabha Secretariat bulletin had stated.
While declining to suspend his conviction, the high court had, however, suspended the 10-year sentence awarded to Faizal and three others in the case.
The order said, “The tentacles of political crimes and criminalisation of the election process have started grappling with free and fair elections.”
“Incidents of criminal acts being committed even during meetings of legislative bodies are surfacing,” Justice N Nagaresh said, in his order.
The high court further observed that “proliferation of crime in the election process could garner momentum to cripple Indian democracy if men with criminal background are allowed to continue to be part of the democratic system.”
On January 11, 2023, Faizal and three others were sentenced to 10 years rigorous imprisonment and fined ₹1 lakh each by a sessions court in Kavaratti in Lakshadweep for attempting to kill Salih, son-in-law of the late Union minister PM Sayeed, during the 2009 Lok Sabha elections.
Faizal had moved the Kerala High Court against the order and the high court suspended his conviction and sentence on 25 January.
In its order, the high court said it was suspending the conviction and sentence of the NCP leader pending disposal of his appeal against the trial court order. It said not doing so will result in fresh elections for the seat vacated by him which will impose a financial burden on the government and the public.
The Lakshadweep administration moved the Supreme Court against the high court’s order, and on 30 January, the top court agreed to hear its petition.
On 29 March, the top court disposed of Faizal’s separate plea against his disqualification as a Member of Parliament in view of the Lok Sabha Secretariat’s notification restoring his membership following the high court order.
(With PTI inputs)
