Mohammad Faizal is challenging the EC press note announcing the conduct of a by-election in the Lakshadweep constituency.
Mohammad Faizal speaking at an event.(PadippuraFaizal/Facebook)
The Supreme Court on Friday, 20 January, agreed to hear the petition of disqualified Lakshadweep MP Mohammad Faizal on 27 January.
Disqualified following his conviction in an attempt to murder case, he is challenging the press note of the Election Commission (EC) announcing the conduct of a by-election in the Lakshadweep constituency.
A bench of Chief Justice DY Chandrachud and Justice PS Narasimha took note of the submissions of senior advocate Kapil Sibal, appearing for Faizal, that he wanted the Kerala High Court to decide on his plea for suspension of conviction and sentence before the by-election is notified.
“We filed the application before the Kerala High Court. We just want the High Court to decide it soon, otherwise, the by-elections will be notified,” the senior lawyer said.
Faizal said in his petition that with the impugned “Press Note”, the poll panel was proposing to fill the seat without awaiting the outcome of his plea for a stay of conviction and sentence in the high court. He has contended the EC’s statement is “arbitrary, unlawful and mala fide”.
The EC, on 18 January, said the bypoll to the Lakshadweep Lok Sabha seat, which fell vacant following the disqualification of the Nationalist Congress Party (NCP) leader, will be held on 27 February along with the by-elections to six Assembly seats spread over five states.
The Kerala High Court on 18 January called for the trial court records in connection with the conviction and 10-year sentence of the former MP and three others, including his brother, in an attempted murder case.
The Union Territory (UT) of Lakshadweep had opposed the plea for suspension of the sentence of the convicts.
It had contended that granting any relief to the convicts like releasing them on bail will “shake the people’s faith in the judicial process”.
It also said the offence committed by Faizal and his brother, who was a teacher in a government school, had shocked the society of the archipelago where very few crimes are reported.
Therefore, their release will send a wrong message to society, the island administration said.
It also alleged the disqualified MP had “a criminal bent of mind” and there were other criminal cases against him including two being probed by the CBI.
The court in Lakshadweep, on 11 January, sentenced four people, including Faizal, to 10 years in jail after they were found guilty in an attempt-to-murder case.
The others convicted are Faizal’s brother and two of his relatives, listed as accused numbers 1 to 4.
The Kavaratti Sessions Court also imposed a fine of ₹1 lakh each on the convicts for attempting to kill Mohammed Salih in the run-up to the 2009 Lok Sabha elections.
Salih is the son-in-law of the late Congress leader, former Union Minister and long-time parliamentarian from Lakshadweep, PM Sayeed.
The case pertains to Faizal, who is an MBA from Calicut University, and his accomplices attacking and seriously injuring Muhammed Salih, who was also a Congress worker, in the run-up to the 2009 polls.
According to the prosecution, Faizal, along with 36 other accused persons, attacked Salih after wrongfully confining him and his friend Mohammed Kassim at a house on Andrott island.
The mob, which was armed with deadly weapons, including Faizal, chased Salih when he tried to flee the spot, forcefully entered a house where he had taken shelter and brutally attacked him with sticks, choppers, and iron rods, the prosecution said.
The house belonged to one Kadeejummabi, a key witness in the case.
Salih, who was severely wounded, had to be airlifted to Ernakulam in Kerala where he spent several months recovering, the prosecution said.
(With inputs from PTI)
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