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SC revives stay on conviction of Lakshadweep MP
The bench also issued notices to the Lakshadweep administration and the victim in the attempt to murder case and posted the matter for hearing after four weeks
The Supreme Court on Monday stayed a recent Kerala high court order refusing to suspend the conviction of suspended Lakshadweep MP Mohammed Faizal in an attempt to murder case.
A bench of justices Hrishikesh Roy and Sanjay Karol directed that an apex court interim order allowing him to remain a parliamentarian passed on August 22 be made operational.
The bench also issued notices to the Lakshadweep administration and the victim in the attempt to murder case and posted the matter for hearing after four weeks.
“In the meantime, the operation of order of October 3 is stayed. In consequence, the interim order of August 22 passed by this court is made operational. List after four weeks,” the bench said.
On October 3, Faizal was disqualified as a Lok Sabha member following his conviction in the attempt to murder case by a sessions court in Kavaratti on January 11. He was sentenced to 10 years’ rigorous imprisonment and fined ₹1 lakh for attempting to kill Mohammed Salih, the son-in-law of late Union minister PM Sayeed, during the 2009 Lok Sabha elections.
However, on January 25, the Kerala high court stayed the conviction on the grounds that Faizal’s disqualification from the Lok Sabha would lead to fresh polls in Lakshadweep, resulting in enormous expenses. The Lakshadweep administration challenged this order in the Supreme Court, which on August 22 sent the matter back to the high court for reconsideration. At the same time, the top court had also stayed Faizal’s conviction for six weeks and shielded him from disqualification.
However, on October 3 (when the six-week stay on conviction expired), the high court refused to suspend his conviction, prompting the Lok Sabha secretariat to issue a notification on his disqualification from the House.
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.
On Monday, Faizal’s counsel and senior advocate Kapil Sibal told the bench that the top court had protected the NCP leader from disqualification till the conclusion of proceedings before the high court. He pointed out that Faizal’s tenure as MP is set to expire in May and his constituency will not be represented if he stands disqualified from the House.
Sibal also claimed that Faizal was assaulted by the victim in the criminal case against him due to political rivalry and that the accused was convicted by the trial court.
Subsequently, the top court issued notices and sought the responses of the UT’s administration and the victim in the matter.Additional solicitor general (ASG) KM Nataraj, appearing for the UT administration, opposed any further stay of the conviction and said the August 22 order was passed for a limited period of six weeks and ended with the high court order of October 3.
In the August 22 order, a bench of justices BV Nagarathna and Ujjal Bhuyan said the high court had adopted a “wrong approach” by relying on the fact that the conviction of the accused MP will result in his automatic disqualification from the House, leading to fresh elections, and causing a huge expenditure on the public exchequer.
“Since we are remanding the matter to the high court and in order to see that there is no vacuum created till the application for stay of conviction is disposed, the benefit of the high court order is extended to the respondent (MP) till then,” it said.
The victim in the case is represented by senior advocate Menaka Guruswamy who informed the court that Faizal was convicted of committing serious offences and the injuries sustained by the victim were grievous in nature.
