New Delhi: The Supreme Court Tuesday set aside a Kerala High Court order suspending the conviction and sentence of Lakshadweep Lok Sabha MP Mohammed Faizal, in an attempt to murder case, and asked the high court to decide the matter afresh.
A bench comprising justices BV Nagarathna and Ujjal Bhuyan noted that the high court has not considered the true position of law with respect to the manner in which the application for a stay on conviction has to be considered.
The top court set aside the high court order and remanded the case back to the high court to decide it afresh. The bench said since it is remanding the matter back to the high court it would not be proper to create a vacuum and asked the high court to decide the matter within 6 weeks. The high court order is extended for 6 weeks, so Faizal can continue as an MP for now.
The high court, while suspending Faizal’s conviction and sentence, had taken into consideration the prospect of a fresh election and the enormous expenses which would ensue. The apex court said this should not have been a factor to suspend the conviction. Faizal had cited Rahul Gandhi’s case in defence but this contention was not entertained by the apex court.
Senior advocate A M Singhvi, representing Faizal, contended before the apex court that if the court does not agree with the high court’s approach, then the matter could be remanded to the high court while allowing him to continue as an MP.
The top court order came on pleas filed by the administration of the Union Territory of Lakshadweep, and another by the complainant who accused Faizal of attempting to murder him. The petitioners had challenged the January 25 order passed by Kerala High Court suspending Faizal’s conviction and sentence.
On January 11, 2023, Faizal and three others were sentenced to 10 years rigorous imprisonment and fined Rs 1 lakh each by a sessions court in Kavaratti in Lakshadweep for attempting to kill Mohammed Salih, son-in-law of the late union minister P M Sayeed, during the 2009 Lok Sabha elections.
