SC allows Mohammed Faizal to continue as MP, stays Kerala HC order refusing to suspend his conviction
Oct 09, 2023
New Delhi [India], October 9 : The Supreme Court on Monday stayed the Kerala High Court order refusing to suspend the conviction of Lakshadweep politician Mohammed Faizal in an attempt to murder case and also permitted him to continue his membership as a parliamentarian.
A bench of justices Hrishikesh Roy and Sanjay Karol also issued notice to the concerned respondents on the Mohammed Faizal plea.
The top court while staying the Kerala HC order dated October 3 this year said, "The interim order passed by this Court in favour of the petitioner in remand order is made operational."
On August 22, the top court remanded the matter to the High Court to reconsider Faizal's plea again but with a clarification that the benefit of the suspension of conviction order would continue for Faizal till the HC decides it again. Hence the top court has permitted Mohammed Faizal to continue as a Lakshadweep MP.
Nationalist Congress Party (NCP) Member of Parliament Mohammed Faizal has moved the Supreme Court against the Kerala High Court order rejecting his plea seeking suspension of his conviction in an attempt to murder case.
Kerala HC on October 3 dismissed his plea seeking suspension of his conviction in the attempt to muder case. Faizal now challenged said HC's order in the Supreme Court.
In consequence of the Kerala HC order, Mohammed Faizal has been disqualified from the Lok Sabha after the Kerala High Court rejected his plea in an attempt to murder case.
This is the second time for the NCP MP that his Lok Sabha membership has been disqualified. In January this year, he was disqualified from the lower house of Parliament, over his conviction in a case along with four others for an attempt to murder, .
However, his disqualification was revoked in March after the Kerala High Court stayed his conviction in a criminal case. But the Supreme Court remanded the matter back to the High Court to consider it afresh.
Earlier, the Kavaratti Sessions Court had convicted four persons, including Faizal. Thereafter, The UT Administration of Lakshadweep moved the Supreme Court challenging the Kerala High Court order, which suspended the conviction of Lakshadweep MP Faizal in the attempt to murder case.
According to the prosecution, Faizal led a group of people to attack and grievously injure Salih over an argument about constructing a shed. The victim had been flown to Kerala where he remained hospitalised for months.