In a significant development, the Supreme Court has stayed the recent order of the Kerala High Court, which had refused to suspend the conviction of disqualified Lakshadweep Member of Parliament (MP) Mohammed Faizal, a member of the Nationalist Congress Party (NCP). The case involves an attempt to murder charge dating back to the 2009 Lok Sabha elections. This decision effectively restores Faizal's Lok Sabha membership, which had been revoked following the High Court's order.
A bench comprising Justice Hrishikesh Roy and Justice Sanjay Karol also invoked a previous order dated August 22, 2023, in which the Supreme Court had directed that the suspension of conviction should continue while the matter was remanded to the High Court. This allowed Faizal to continue serving as an MP representing Lakshadweep. The Supreme Court has now made this order operational, ensuring Faizal's continued membership in Parliament. The Court has also issued a notice returnable in four weeks in response to Faizal's plea.
The Supreme Court's decision comes after Faizal and three others were convicted and sentenced to ten years of rigorous imprisonment by the Kavaratti Sessions Court on January 11, 2023. They were found guilty of attempting to murder Padanath Salih, the son-in-law of former Union Minister and Indian National Congress leader, PM Sayeed, during the 2009 Lok Sabha elections. Faizal and the other convicts subsequently filed an appeal in the High Court, seeking the suspension of their conviction and release on bail during the appeal process.
On January 25, the Kerala High Court suspended the conviction and sentence imposed by the trial court. However, this decision was met with resistance, and the Union Territory of Lakshadweep and the complainant approached the Supreme Court against the suspension of conviction.
The Supreme Court, in its order dated August 22, 2023, remanded the matter back to the High Court, instructing it to reconsider the suspension of conviction within six weeks. The Court criticized the High Court's consideration of the costs associated with a by-election if the conviction were not suspended. The Supreme Court emphasized the need to evaluate the application for suspension of conviction comprehensively, taking all relevant factors into account.
In the latest round of hearings, on October 3, 2023, a single bench of Justice N Nagaresh of the Kerala High Court refused to suspend Faizal's conviction, effectively disqualifying him from Parliament. This decision prompted the Lok Sabha Secretariat to announce Faizal's disqualification.
The Supreme Court's stay order has now brought Faizal's Lok Sabha membership back into effect. This case has raised questions about the criminalization of the election process in Indian democracy and the eligibility of individuals with criminal convictions to hold public office. The Supreme Court's decision signifies a critical development in addressing these concerns and ensuring the representation of constituencies in Parliament.
Source: Link
Picture Source :
