In a significant legal development, former Lok Sabha Member of Parliament, Mohammed Faizal, representing Lakshadweep, has moved the Supreme Court to challenge the Kerala High Court’s decision to reject his plea for suspending his conviction in an attempted murder case. This marks the second instance of his disqualification as an MP in the same year.
The Kerala High Court’s order, dated October 3, 2023, resulted in Faizal’s disqualification as a Lok Sabha member. Faizal had previously faced disqualification on January 25, 2023, following his conviction in a case related to the attempted murder of Mohammed Salih, the son-in-law of former Union Minister PM Sayeed, during the 2009 Lok Sabha elections. The High Court had later suspended his conviction and sentence on January 25, 2023.
Faizal’s legal challenge now centers on his assertion that the High Court failed to appreciate the far-reaching consequences of his conviction under Section 307 of the Indian Penal Code, contending that it would effectively ruin his entire career. Section 8(3) of the Representation of the People Act, 1951, mandates a disqualification period commencing from the date of conviction and extending for six years after release, even if an appeal is pending.
In his petition, Faizal further emphasized the potential adverse impact on the electorate of the Union Territory of Lakshadweep if his conviction were not suspended. He argued that the incident on April 16, 2009, was essentially a political dispute, given his affiliation with the Nationalist Congress Party (NCP) while the key witnesses belonged to the Congress. Faizal also noted the absence of independent witnesses to the incident.
Seeking interim relief, Faizal has requested a stay on his conviction during the pendency of his petition before the Supreme Court.
The High Court, in its order rejecting Faizal’s plea to suspend his conviction, had expressed concern about the criminalization of the election process in India’s democratic polity.
Notably, the Supreme Court had previously set aside the High Court’s January 25, 2023 verdict that had suspended Faizal’s conviction but had temporarily protected his status as an MP. The top court had remanded the matter back to the High Court, instructing it to reevaluate Faizal’s application seeking a stay of his conviction within a specified period.
The legal battle over Mohammed Faizal’s parliamentary disqualification is poised to continue as the Supreme Court weighs his plea for relief against the backdrop of his attempted murder conviction.
This development underscores the complexities of legal proceedings involving elected representatives and the critical role played by the judiciary in upholding democratic principles in India.
Sources By Agencies
