SC Sets Aside Order Suspending Conviction Of Lakshadweep MP Faizal, Asks Kerala HC To Hear It Afresh

The SC has asked the Kerala High Court to hear the case of Lakshadweep MP Mohammed Faizal afresh and set aside its previous order suspending his conviction and sentence in an attempt to murder case.

The Supreme Court on Tuesday set aside the Kerala High Court order suspending the conviction and sentence of Lakshadweep MP Mohammed Faizal in a 2009 attempt to murder case, reported PTI. The top court also remanded the matter back to the high court for fresh adjudication in six weeks, it added. Referring to the approach of the high court as "erroneous", the apex court said that HC will have to decide the appeal of the Lakshadweep administration afresh during the period of six weeks, the report added.

However, a bench of Justices BV Nagarathna and Ujjal Bhuyan protected the Lok Sabha MP from any possibility of disqualification. The bench stated that the protection of the earlier order will remain in force for six weeks, PTI added in the report. The top court observed the approach of the high court was “erroneous” in suspending the conviction and sentence of Faizal in the case.

Mohammed Faizal and three others were sentenced to 10 years of rigorous imprisonment and fined Rs 1 lakh each by a sessions court in Kavaratti in Lakshadweep on January 11, 2023. They were sentenced for attempting to kill Mohammed Salih, son-in-law of the late Union minister PM Sayeed, during the 2009 Lok Sabha elections, the agency said in the report.

Faizal then challenged the decision in the Kerala High Court which suspended his conviction and sentence on January 25.

Notably, in its order, the Kerala high court said it was suspending the conviction and sentence of the NCP leader pending disposal of his appeal against the trial court order. The court added that if this is not done, fresh elections will have to be done for the seat vacated by him which will impose a financial burden on the government and the public.

Later, the Lakshadweep administration moved the Supreme Court against the high court's order. The top court agreed to hear the plea on January 30. According to PTI, on March 29, the apex court disposed of Faizal's separate plea against his disqualification as a Member of Parliament in view of the Lok Sabha secretariat's notification restoring his membership following the high court order.