SC sets aside Kerala High Court order suspending conviction of MP Mohd. Faizal

On January 11, 2023, Mohammed Faizal and three others were sentenced to 10 years’ rigorous imprisonment by a sessions court in Kavaratti in Kerala for attempting to kill Mohammed Salih, son-in-law of former Union Minister P.M. Sayeed.

Lok Sabha member Mohammed Faizal. File | Photo Credit: PTI

The Supreme Court on Tuesday set aside an order of a Single Judge Bench of the Kerala High Court suspending the conviction of Lok Sabha member in an attempt-to-murder case.

A Bench headed by Justice B.V. Nagarathna asked the High Court to hear afresh the appeal filed by the Lakshadweep administration and decide it in six weeks.

Mr. Faizal would continue to be an MP till the time the High Court decides the case. The Supreme Court said it did not want to create a vacuum in the constituency seat he represented in the Parliament.

On January 11, 2023, Mr. Faizal and three others were sentenced to 10 years’ rigorous imprisonment and fined ₹ 1 lakh each by a sessions court in Kavaratti in Kerala for attempting to kill Mohammed Salih, son-in-law of former Union Minister P.M. Sayeed.

‘Societal interest’

In January, the Single Judge Bench of the High Court had suspended Mr. Faizal’s conviction on the ground that societal interest lay in averting an expensive election.

“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,” the Single Judge had reasoned in January.

Mr. Faizal’s case had later gained the spotlight amidst the disqualification of Wayanad MP Rahul Gandhi from the Lok Sabha following his conviction in a criminal defamation case.

However, on Tuesday, the top court did not appear to be fully convinced by the Single Judge’s reasoning to suspend the conviction of Mr. Faizal. The Bench led by Justice Nagarathna observed that the “true position of law has not been considered with respect to the manner in which application for stay on conviction has to be considered”.

‘Election expenses not a factor’

Election expenses ought not to have been a factor for deciding whether or not to suspend a conviction, the Bench remarked.

“On this short ground, we set aside impugned order and remand back to High Court,” the Bench ordered.

Senior advocate A.M. Singhvi appeared for Mr. Faizal. Additional Solicitor General K.M. Nataraj appeared for the Lakshadweep administration.