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MP Mohammed Faizal Case : HC's Concerns About Election Expenses Irrelevant To Stay Conviction, Says Supreme Court During Hearing
Sohini Chowdhury
29 March 2023 4:22 PM GMT
The Supreme Court on Wednesday orally remarked that the concerns expressed by the Kerala High Court regarding election expenses while suspending the conviction of Lakshadweep MP PP Mohammed Fazil were totally irrelevant.A bench comprising Justices KM Joseph and BV Nagarathna was hearing a petition filed by the Union Territory of Lakshadweep Administration challenging the High Court's...
The Supreme Court on Wednesday orally remarked that the concerns expressed by the Kerala High Court regarding election expenses while suspending the conviction of Lakshadweep MP PP Mohammed Fazil were totally irrelevant.
A bench comprising Justices KM Joseph and BV Nagarathna was hearing a petition filed by the Union Territory of Lakshadweep Administration challenging the High Court's order suspending Faizal's conviction in an attempt to murder case.
Justice Joseph expressed his prima facie opinion that the High Court should not have touched upon the issues of election. “The High Court saying that election expenditure will be increased is totally irrelevant; extraneous; nothing to do with the issue", he said.
To provide context, the High Court had observed -
"The societal interest in averting an expensive election that too, when the elected candidate can continue for a limited period alone if the fresh election is conducted, cannot be brushed aside by this court. The societal interest and the need to have purity in politics and elections will have to be balanced."
During the course of the hearing, the Bench took note of the fact that the complaint has undergone 16 injuries and the doctor had deposed that if the complainant had not received treatment, in ordinary course he would have died. It is pertinent to note that in the present case the complainant was airlifted from Lakshadweep after being allegedly attacked by Faizal. The Bench also did not seem pleased that the High Court had referred to the injury as simple injury- which was one of the considerations for suspending conviction.
After briefly hearing the Sr. Counsels for Faizal, the complainant and the Union Territory, a Bench comprising Justice KM Joseph and Justice BV Nagarathna posted the hearing of the petitions filed by the UT and the complainant on 24th April, 2023. The Bench directed that in the meanwhile, the Union Territory of Lakshadweep is to produce before it depositions of all relevant witnesses in the attempt to murder case. The Bench was particularly curious about the deposition of three prosecution witnesses, PW1, PW3 and PW5.
Senior Advocate, Mr. AM Singhvi appearing on behalf of Faizal argued that the 'balance of the law is not that only in rare and exceptional cases stay of conviction would be granted’. He submitted that the injury was not caused by sharp weapons as was alleged and the same has been sustained through three investigation/inquiries. It was stated that several witnesses have deposed to the same effect. It was also. pointed out that the statement of the complainant with respect to the weapons used have changed over time.
Senior Advocate, Menaka Guruswamy appearing for the complainant pointed out the stated motive provided by the Trial Court was preventing the people from exercising their franchise.
Singhvi argued that where failure to stay the conviction would result in injustice and irreversible consequences, the conviction is to be stayed. He emphasised that the judgement of the High Court was not premised on the ground of the eventuality of disqualification of Faizal from the Lok Sabha. He argued that for overturning conviction the Court has to go into the details of the case, but not for stay of conviction.
Justice Joseph said, “It is only in exception circumstances that the Court is to stay”.
Justice Nagarathna asked, “There cannot be a different rule for MP/MLA. In the case of non MP/MLA what is the meaning of irreversible consequence?"
Singhvi submitted, “Disqualification is not limited to MP/MLAs. It can be in Company Act cases as well. Obviously it has to be with prima facie case."
The bench also disposed of another petition filed by Faizal seeking reinstatement of his Lok Sabha membership, in view of the fact that the Lok Sabha Secretariat today issued a notification to restore his membership.
Background
It was on January 11, 2023 that a Sessions Court in Lakshadweep convicted the NCP MP and three others to ten years imprisonment in an attempt to murder case relating to an incident of 2009. Following the conviction, Faizal, a two-time MP from the island, was disqualified and the Election Commission of India announced bye-polls.
On January 25, a single bench of the Kerala High Court suspended Faizal's conviction. While suspending the NCP leader's conviction, Justice Bechu Kurian Thomas of the High Court expressed concerns about the wasteful expenditure of a bye-poll, especially when the term of the Lok Sabha is set to expire within one and a half year. Justice Thomas also noted that no dangerous weapons were found to have been used by the accused in the case and that the wound certificates did not indicate any serious injuries.
Following the suspension of conviction, the Election Commission decided to not act in furtherance of the press note for bye-elections.
[Case Title: UT Administration of Lakshadweep v. Mohammed Faizal And Ors. SLP(Crl) No. 1644/2023 and Mohammed Faizal PP v. Secy General WP(C) No. 405/2023]
