Setback for Lakshadweep MP Mohammed Faizal as SC stays Kerala HC order

New Delhi: The Supreme Court on Tuesday overturned the decision of the Kerala High Court to suspend the conviction and sentence of Lakshadweep Lok Sabha MP Mohammed Faizal in an attempted murder case.

The apex court has remanded the case back to the high court for a fresh adjudication within the next six weeks.

A bench comprising of Justices BV Nagarathna and Ujjal Bhuyan took this decision, while simultaneously ensuring that MP Mohammed Faizal would be shielded from any potential disqualification during this six-week period.

This safeguard is in line with the protection granted in the earlier order. During this time frame, the high court will re-evaluate the appeal lodged by the Lakshadweep administration against the suspension of the conviction and sentence.

The Supreme Court, in its ruling, expressed its disagreement with the approach taken by the high court. It deemed the high court's suspension of the Lok Sabha MP's conviction and sentence to be "erroneous."

This decision stems from a case dating back to the 2009 Lok Sabha elections, where Mohammed Faizal and three others were found guilty of attempting to murder Mohammed Salih, son-in-law of the late union minister P M Sayeed.

The sessions court in Kavaratti, Lakshadweep, had sentenced them to 10 years of rigorous imprisonment and fined each defendant Rs 1 lakh.

Following this sentencing, Faizal contested the order in the Kerala High Court. On January 25, the high court took the step of suspending his conviction and sentence, pending the disposal of his appeal against the trial court's decision.

The high court justified its action by stating that failing to suspend the conviction would necessitate fresh elections for the vacated seat, thereby imposing an unnecessary financial burden on the government and the public.

Responding to this suspension, the Lakshadweep administration approached the Supreme Court, urging it to review the high court's decision. The apex court agreed to hear the administration's plea on January 30, leading to the current development.

Notably, on March 29, the Supreme Court had already addressed Faizal's separate plea against his disqualification as a Member of Parliament. This action followed the Lok Sabha secretariat's notification, which restored his membership due to the high court's earlier order.