Disqualified Lakshadweep MP Mohammed Faizal Approaches Supreme Court Seeking Suspension Of Conviction In Attempt To Murder Case

Disqualified Lakshadweep MP Mohammed Faizal, belonging to Nationalist Congress Party (NCP), has approached the Supreme Court against the order of the Kerala High Court refusing to suspend his conviction in a case of attempt to murder passed on 3rd October. The Kerala High Court however, had suspended his sentence of imprisonment. Shortly after the verdict, Faizal was disqualified from the Parliament. “In view of order dated 03.10.2023 of the Hon’ble High Court of Kerala, Shri Mohammed Faizal P.P., Member of Lok Sabha representing the Lakshadweep Parliamentary Constituency of the Union Territory of Lakshadweep, stands disqualified from the membership of Lok Sabha from the date of his conviction, i.e. 11th January, 2023,” a Lok Sabha Secretariat bulletin stated. It was on January 11 this year that Faizal and three others were convicted and sentenced to imprisonment for ten years by the Kavaratti Sessions Court under sections 143, 147, 148, 448, 427, 324, 342, 307 and 506 r/w section 149 of the Indian Penal Code for attempting to kill Mohammed Salih, son-in-law of former Union Minister P M Sayeed, during the 2009 Lok Sabha polls. Mohammed Faizal was elected as a Member of the Parliament in the year 2014 and again in 2019. Against the punishment, the Mohammed Faizal and others had approached the Kerala High Court.Initially, on January 25, the Kerala High Court had suspended the conviction and sentence imposed on Faizal. Against the order of suspension of conviction, the Union Territory of Lakshadweep and the complainant had approached the Supreme Court.The Supreme Court by order dated August 22, 2023 remanded the matter back to the High Court for reconsidering the suspension of conviction within a period of six weeks. The Supreme Court was critical of the High Court's approach in taking into consideration the costs of bye-election which would be necessitated if the conviction is not suspended. “We find that the High Court ought to have considered the application seeking the suspension of conviction in its proper perspective covering all aspects bearing in mind the relevant judgments rendered by this Court and in accordance with law,” the Apex Court had said. The Apex Court had ordered that the benefit of suspension of conviction to continue while the matter was remanded to the High Court, thus permitting the Mohammed Faizal to continue as a Member of Parliament (MP) representing Lakshadweep. Subsequently on 3rd October, a single bench of Justice N Nagaresh of the Kerala High Court while hearing the matter afresh, refused suspension of his conviction. "Criminalisation of election process is of grave concern in our democratic polity. The tentacles of political crimes and criminalisation of election process have started grappling free and fair elections. Incidents of criminal acts being committed even during meeting of legislative bodies are surfacing. Proliferation of crime in election process could garner momentum to cripple Indian democracy, if men with criminal background are allowed to continue to be part of the democratic system. If persons with criminal antecedents are permitted to continue as Members of Parliament / Legislatures even after conviction by a competent court, that would only send wrong signals to public at large." the High Court observed in the second round of consideration.Case Title: Mohammed Faizal V U.T Administration of Lakshadweep

Disqualified Lakshadweep MP Mohammed Faizal Approaches Supreme Court Seeking Suspension Of Conviction In Attempt To Murder Case

Sheryl Sebastian

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