With the direction, Justice A Badharudeen listed the plea moved by Faizal, against the conviction, for further hearing.
Lakshadweep MP Mohammad Faizal. (Twitter)
The Kerala High Court on Thursday, 19 January, called for the trial court records in connection with the conviction and 10-year sentence of disqualified MP Mohammed Faizal and three others, including his brother, in an attempted murder case.
With the direction, Justice A Badharudeen listed the plea — moved by Faizal and others against their conviction and also seeking suspension of the sentence — on Friday, 20 January, for further hearing.
Lawyers associated with the case said the court is likely to pass some order on that day.
The Union Territory (UT) of Lakshadweep, represented by Deputy Solicitor General of India (DSGI) Manu S, has already filed an objection opposing any suspension of the sentence of the convicts.
It had contended that granting any relief to the convicts, like releasing them on bail, would “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 few crimes are reported.
Therefore, their release would send a wrong message to the society, the island administration had said.
Faizal’s brother, Sayed Mohammed Nurul Ameen, was a teacher in government service and according to eyewitnesses was the one who exhorted to kill the injured Mohammed Salih, son-in-law of late Congress leader and former Union minister PM Sayeed, during the 2009 Lok Sabha polls, the UT administration said.
It had also stated that the disqualified MP “has proved to be a person with a criminal bent of mind” as there were other criminal cases, including a couple being probed by CBI, lodged against him.
There were 37 accused in the case. Of them, two had died and the trial had abated against them.
Of the remaining 35, four persons — including the disqualified MP and his brother — were convicted and sentenced to 10 years imprisonment, while the rest were acquitted.
According to the prosecution, Faizal and 36 other accused along with some other identifiable persons, armed with deadly weapons, committed the offence of rioting and voluntarily caused hurt to Salih after wrongfully confining him and his friend Mohammed Kassim at a place on Andrott island.
Three accused, including Faizal, chased Salih when he tried to flee from the spot, broke open the room of a house where he had taken shelter and brutally manhandled him with the aid of dangerous weapons including a sword-stick, chopper, iron rod, rafters, sticks etc, it had said during the trial.
They were attacked when they reached the spot for intervening in a political issue during the 2009 Lok Sabha polls.
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