Supreme Court Sets Aside Kerala High Court’s Order on Lok Sabha MP Mohammed Faizal’s Conviction
TEN NEWS NETWORK
New Delhi, August 22, 2023: The Supreme Court, on Tuesday, overturned the decision of the Kerala High Court to suspend the conviction and sentence of Lok Sabha MP Mohammed Faizal in an attempt to murder case.
The apex court directed the matter to be re-examined by the high court within six weeks, while simultaneously ensuring that Faizal remains safeguarded from potential disqualification during this period.
In a bench led by Justices BV Nagarathna and Ujjal Bhuyan, the Supreme Court pronounced that the high court’s approach had been “erroneous” in halting the conviction and sentence of the Lok Sabha MP.
Faizal, along with three others, had been handed a rigorous imprisonment of 10 years and a fine of ₹1 lakh each by a sessions court in Kavaratti, Lakshadweep, for their involvement in an attempted murder during the 2009 Lok Sabha elections. Subsequently, Faizal moved the Kerala High Court, which suspended his conviction and sentence on January 25.
The Kerala High Court’s rationale for suspension revolved around the potential financial burden on the government and the public if fresh elections were to be held for the vacated seat. The high court believed that Faizal’s continued disqualification could lead to this scenario.
The Lakshadweep administration contested this decision and approached the Supreme Court, which agreed to hear the case on January 30.
The Supreme Court emphasized that while the high court needs to revisit its decision, Mohammed Faizal’s protection from disqualification will persist for six weeks. This ruling comes on the heels of the apex court previously disposing of a separate plea by Faizal against his disqualification as a Member of Parliament, following the restoration of his membership based on the high court’s order.
As legal proceedings unfold, the case continues to draw attention due to its political implications and the unique circumstances surrounding the MP’s suspension and subsequent reinstatement.
