SC stays Kerala HC decision declining to suspend conviction of Lakshadweep MP Faizal in attempt to murder case

After the Kerala High Court’s October 3 order, he was disqualified as a member of the Lok Sabha on October 4

NCP leader Mohammed Faizal. File | Photo Credit: PTI

The Supreme Court on Monday stayed a Kerala High Court decision declining to suspend the conviction of Lakshadweep MP Mohammed Faizal in an attempt to murder case.

After the Kerala High Court’s October 3 order, he was disqualified as a member of the Lok Sabha on October 4.

“The operation of the impugned order October 3, 2023 of the High Court is stayed. The interim order passed by this court [the Supreme Court] in favour of the petitioner earlier is made operational,” said a Bench of Justices Hrishikesh Roy and Sanjay Karol after hearing brief submissions by senior advocate Kapil Sibal and Additional Solicitor General K.M. Natraj.

The Supreme Court had on August 22 temporarily protected Faizal’s status as MP and remanded the case back to the High Court to decide it afresh.

At the outset of a brief hearing, Mr. Sibal referred to the earlier apex court order remanding Faizal’s plea for fresh adjudication.

“The High Court has now refused to suspend my conviction,” the senior lawyer said.

He said the High Court did not consider the submission that the matter was political and there was a fight between the Congress and the NCP and “all witnesses are Congress workers”. The trial court did not find any independent witnesses, he added. Mr. Natraj, appearing for the Lakshadweep administration, opposed the stay of the High Court’s order and said Parliament had already declared his seat vacant.

The Bench also issued a notice to the Lakshadweep union territory administration on Faizal’s petition and sought its response within four weeks.

A sessions court in Lakshadweep had sentenced Faizal and three others on January 11 for attempting to kill Mohammed Salih, son-in-law of the late Union Minister P.M. Sayeed, during the 2009 Lok Sabha elections.

He was earlier disqualified as Lok Sabha member on January 25, days after a sessions court in Kavaratti had convicted him and three others on charges of attempting to murder Salih and sentenced all the four to rigorous imprisonment of 10 years.

Faizal’s disqualification was revoked on March 29 after the High Court had suspended his conviction and sentence in the case.