Faizal and three others have been convicted of attempting to murder Mohammed Salih, son-in-law of the late Union Minister P.M. Sayeed, during the 2009 Lok Sabha elections.
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ON Monday, the Supreme Court stayed the Kerala High Court’s Order refusing to stay the conviction of member of Parliament (MP) from Lakshadweep, Mohammed Faizal in a case of attempt to murder.
A Bench comprising Justices Hriskesh Roy and Sanjay Karol passed the Order to this effect while making the Supreme Court’s August 22 Order, which had stayed the disqualification of Faizal from Lok Sabha until the high court decided afresh whether his conviction should be stayed, operational.
With this, Faizal’s membership to Lok Sabha, which was suspended by the speaker on October 4, will be restored.
Faizal and three others have been convicted of attempting to murder Mohammed Salih, son-in-law of the late Union Minister P.M. Sayeed, during the 2009 Lok Sabha elections.
Appearing for Faizal, senior advocate Kapil Sibal argued that the fight involving Faizal and Salih was a fight between the Indian National Congress (INC) and the Nationalist Congress Party workers and that the witnesses were all INC workers.
Sibal submitted that Faizal’s tenure would end in May 2024 and the seat should not be allowed to go unrepresented.
Additional Solicitor General K.M. Nataraj opposed the grant of interim relief to Faizal.
On October 3, the Kerala High Court had refused to stay the conviction of Faizal.
The high court judge Justice N. Nagaresh had held: “There is material prima facie evidencing the criminal acts on the part of the accused. I am of the firm view that this is not a fit case to suspend the Order of conviction imposed on the second petitioner.”
The judge had, however, continued the Order suspending the sentence.
On January 11, Faizal was sentenced to ten years of imprisonment. On January 13 this year, the Lok Sabha secretariat issued a notification disqualifying him from membership of the Lok Sabha.
However, on January 25, the Kerala High Court granted a stay of conviction of Faizal. It observed that the consequence of not suspending the conviction was drastic not only for Faizal but even for the nation.
Meanwhile, aggrieved by the decision of the Kerala High Court, the Union territory of Lakshadweep approached the Supreme Court, which on February 20 issued notice to Faizal but refused to stay the high court Order.
On March 29, the Lok Sabha secretariat restored the Lok Sabha membership of Faizal.
However, on August 22, a Supreme Court Bench comprising Justices B.V. Nagarathna and Ujjal Bhuyan set aside the Kerala High Court’s Order granting a stay of conviction of Faizal. The Bench had also remanding the matter back to the high court to decide it afresh in the “proper perspective”.
The Bench had also directed the high court to decide the matter within six weeks. Till then, Faizal would continue to remain an MP, the Bench had clarified.
Commenting on the high court Order, the Supreme Court had observed that the high court had considered only one aspect of the matter, that is, that Faizal was a member of Parliament, and any conviction would cause a fresh election to be conducted for Lakshadweep, which would result in enormous expenses.
This rationale, the Bench noted, could not have been the only reason to stay the conviction.
Click here to read the Court’s Order
