New Delhi: The Supreme Court on Monday stayed the Kerala High Court order refusing to suspend the conviction of disqualified Lakshadweep MP Mohammed Faizal. The apex court order has paved the way for the restoration of Faizal’s Lok Sabha membership. The apex court said that the benefit of suspension of conviction earlier granted by it will continue.
The apex court was hearing the plea of disqualified Lakshadweep MP Mohammed Faizal against the order of the Kerala High Court refusing to suspend his conviction in a case of attempt to murder. The Centre’s counsel informed a bench comprising justices Hrishikesh Roy and Sanjay Karol that the notification has been issued by Parliament declaring the seat vacant. The bench said in the meantime the operation of the impugned order of the High Court is stayed.
Nationalist Congress Party (NCP) leader Mohammed Faizal has moved the Supreme Court against the Kerala High Court order, which declined his plea for suspending his conviction in an attempt to murder case. The conviction in the case had led to his disqualification as Lok Sabha MP for a second time this year.
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Faizal, in the petition, contended that the High Court did not appreciate that due to his conviction and sentence for the offence his entire career would be ruined. The plea contended that the High Court had failed to appreciate that the electorate of the Union Territory of Lakshadweep would also suffer grave prejudice and hardship if his conviction was not suspended.
The plea said the consequences on the petitioner are irreversible and drastic and the petitioner will stay disqualified even for the period during which the appeal remains pending. Faizal’s plea claimed that the High Court did not appreciate the incident that occurred in April 2009, and it is a political dispute as he belonged to the NCP while the four eye-witnesses, including the complainant, owed allegiance to the Indian National Congress. Faizal has sought a direction from the apex court to stay his conviction during the pendency of the petition.
In January this year, a trial court sentenced Faizal and three others for attempting to kill Mohammed Salih, son-in-law of the late Union Minister PM Sayeed, during the 2009 general elections. The High Court, in its order rejecting the plea for suspending the NCP lawmaker’s conviction, had noted that criminalisation of the election process was a matter of grave concern in India’s democratic polity. He moved the High Court challenging the trial court’s order and the High Court suspended his conviction and sentence on January 25. The Lakshadweep administration moved the apex court against the High Court decision. After the High Court’s October 3 order, he was disqualified as a member of the Lok Sabha.
It may be recalled that Faizal was disqualified as an NCP MP earlier this month. He was first disqualified on January 13 after the sessions court's order. During the hearing today, senior advocate Kapil Sibal, representing Faizal, submitted that the High Court refused to consider the fact the matter originated from a fight between Congress and NCP and all witnesses were Congress workers. However, the apex court asked the counsel as to what is the basis for seeking suspension.
Sibal stressed that his client’s term is expiring in May 2024, which is less than a year. Sibal said the incident related to attack and counter attack, and they (complainant's side) have been convicted. Additional Solicitor General KM Nataraj, representing the Union Territory, opposed the grant of interim order and contended that the notification had been issued by Parliament declaring the seat vacant. The apex court issued notice on Faizal's plea and sought a response from the UT administration within four weeks. The apex court said suspension of conviction earlier granted will continue in the meantime.
