In a big legal setback to Lakshadweep MP Mohammed Faizal, the Supreme Court on Tuesday canceled the Kerala High Court order suspending his conviction and sentencing in an attempt-to-murder case.
Mohammad Fazil has recently been in the news for criticizing the Union Government’s reforms in school uniform in the Muslim dominated Union territory of Lakshadweep.
Faizal along with other accused were convicted by the Lakshadweep Sessions court for attempting to murder Padanath Salih, the son-in-law of former Union Minister and Congress leader, PM Sayeed, in relation to a political controversy during the 2009 Lok Sabha elections.
However, on January 25, the Kerala HC suspended the conviction and 10-year sentence given to Faizal. This suspension led to Faizal’s disqualification from the lower house on January 25, 2023.
Indian Express has reported that the case, notably, had 35 accused, out of whom only Faizal, his brother, and two others were convicted.
Subsequently, the Lok Sabha Secretariat on March 29 had restored the membership of Faizal, more than two months after the Kerala High Court suspended his conviction and sentencing in the attempt to murder case stating that the consequence of not suspending the conviction would be “drastic”. “The cumbersome process of elections will have to be started, and the exorbitant cost of a Parliamentary election will have to be borne by the nation and indirectly by the people of this country”, the high court had said.
Under Section 8(3) of the Representation of Peoples Act 1951, a sitting legislator who is convicted for an offence and sentenced to a punishment of two or more years stands disqualified from the date of conviction and for a further period of six years unless they can get the order of conviction suspended.
However, Supreme Court, on Tuesday, directed the Kerala High Court to revisit its decision regarding Faizal’s conviction and sentencing calling it ‘erroneous’ and a drastically ‘wrong approach’ adopted by the Kerala High Court in suspending the conviction.
The order came just hours before the Supreme Court was scheduled to hear Faizal’s plea challenging his disqualification from the Lok Sabha. The Supreme court bench consisting Judges BV Nagarathna and Ujjal Bhuyan has directed the high court to consider the matter afresh within six weeks.
The legal developments unfold at a time when Mohammad Faizal was registering protest against the recent reforms in Lakshadweep school uniforms, introduced by the Union Government of India.
