Supreme Court Directs Kerala High Court to Re-examine Suspension of Lakshadweep MP Mohammed Faizal’s Conviction
In a recent development, the Supreme Court has set aside the Kerala High Court’s order that suspended the conviction of Lakshadweep MP Mohammed Faizal. The apex court has directed the Kerala High Court to reconsider the matter.
The bench, comprising Justices BV Nagarathna and Ujjal Bhuyan, observed that the High Court’s decision to suspend the conviction was not approached from a “proper perspective.” The Supreme Court particularly took issue with the High Court’s reasoning that suspending the conviction was necessary to avoid the large expenses of fresh by-polls if Faizal was not allowed to continue in office. The apex court emphasized the need to also consider the gravity of the offence for which Faizal was convicted.
Senior Advocate Abhishek Manu Singhvi, representing Faizal, initially opposed the idea of sending the matter back to the Kerala High Court. He expressed concerns about the “severe consequences” this would have for the parliamentarian. Singhvi was quoted as saying,
“In the unlikely event that this court does not agree with me, Your Lordships should direct a time-bound remand while allowing him to continue in Parliament. The consequence, otherwise, would be his disqualification from the Parliament. Now the elections are coming. He will be out permanently. It should be kept in mind that he is an elective representative of the people who has succeeded in securing an order in his favour that stayed his conviction. He is also not the petitioner in this case, but the respondent. There is equity on our side. If he is allowed to continue as an MP, how will that harm anybody?”
Justice Nagarathna responded by pointing out that the Parliament is not currently in session and won’t be until November. She suggested that the High Court should decide on the application before November. Singhvi then urged,
“Let him continue as a Member of Parliament till November then,”
highlighting Faizal’s roles in various parliamentary committees and his responsibilities as a representative of his constituency.
The case stems from an incident during the 2009 Lok Sabha elections. Faizal, along with three others, was convicted of attempting to murder Mohammed Salih, son-in-law of an Indian National Congress leader and former union minister. A sessions court in Kavaratti sentenced the accused to 10 years in jail. Following the conviction, Faizal was disqualified from the Lok Sabha. However, in January, the Kerala High Court suspended Faizal’s conviction, citing concerns about the associated expenditures of a bye-poll and the short tenure the newly elected candidate would have.
Justice Bechu Kurian Thomas of the Kerala High Court had noted,
“The consequence of not suspending the conviction of the second accused is drastic not only for the second petitioner but even for the nation. The cumbersome process of elections will have to be started, and the exorbitant cost of a parliamentary election will have to be borne by the nation and indirectly by the people of this country.”
Following the suspension of Faizal’s conviction, his disqualification as a member of parliament was also stayed. Last month, his Lok Sabha membership was restored.
The suspension of Faizal’s conviction was subsequently challenged by the union territory administration and the individual he allegedly assaulted. Another plea was filed in the Supreme Court challenging the restoration of Faizal’s Lok Sabha membership.
