SC sets aside Kerala High Court order staying conviction of Lakshadweep MP Faizal in attempt to murder case

New Delhi, August 22

Terming the Kerala High Court’s order suspending conviction and sentence of Lakshadweep Lok Sabha MP Mohammed Faizal in an attempt to murder case as “erroneous”, the Supreme Court on Tuesday set it aside and remanded the matter back to the high court for a fresh adjudication in six weeks.

A Bench led by Justice BV Nagarathna, however, said the protection from disqualification earlier given to him will remain in force for six weeks. It asked the high court to decide the matter afresh during this period.

The high court’s approach in suspending Faizal’s conviction and sentence in the case was “erroneous”, top court said.

A Kavaratti sessions court had on January 11, 2023 sentenced Faizal and three others to 10-year rigorous imprisonment and fined them Rs 1 lakh each for attempting to kill Mohammed Salih, son-in-law of the late union minister PM Sayeed during the 2009 Lok Sabha elections.

According to a notification issued on January 13 by the Lok Sabha Secretariat, Faizal was disqualified as a Lok Sabha MP representing Lakshadweep from January 11, the date of his conviction and award of 10-year imprisonment in the case.

The Kerala High Court had on January 25 suspended his conviction and sentence pending disposal of his appeal against the trial court order, saying not doing so will result in fresh elections for the seat vacated by him which will impose a financial burden on the government and the public.

The Lakshadweep administration moved the Supreme Court against the high court’s order.

The Lok Sabha Secretariat restored his membership on March 29 following the top court’s February 20 refusal to stay the Kerala High Court’s order and disposed of the matter, including Faizal’s petition challenging his disqualification.