In relief for NCP MP, SC stays Kerala HC order declining suspension of conviction in attempt to murder case

The Supreme Court on Monday stayed the Kerala High Court's October 3 order which has dismissed a plea filed by Lakshadweep MP Mohammed Faizal for staying his conviction in an attempt to murder case.

A bench of Justices Hrishikesh Roy and Sanjay Karol passed the interim order, providing relief to Faizal, who stood disqualified for the second time by the Lok Sabha Secretariat upon rejection of his plea for stay on the conviction.

The bench said the benefit of suspension of conviction earlier granted by it will continue.

Faizal was disqualified on October 4 as an MP. He was first disqualified on January 13 after the sessions court's order.

Senior advocate Kapil Sibal, appearing for the petitioner, submitted the HC declined the consider the fact the matter arose out of a fight between Congress and NCP and all witnesses were Congress workers.

The bench, however, asked the counsel as to what is the basis for seeking suspension.

Sibal said, his term is expiring in May 2024, in less than a year. He said the incident related to attack and counter attack, and they (complainant's side) have been convicted.

"They first came and attacked me and they have been convicted," he said.

The court issued notice on Faizal's plea and sought a response from the UT administration within four weeks.

Additional Solicitor General K M Nataraj opposed the grant of interim order. He said the notification has been issued by the Parliament declaring the seat vacant.

The bench said suspension of conviction earlier granted will continue in the meantime.

On October 3, the Kerala HC had rejected the plea by Faizal for suspension of his conviction in an attempt to murder case, saying if persons with criminal antecedents are permitted to continue as Members of Parliament or Legislatures even after conviction that would only send wrong signals to public at large.

The HC had examined the matter afresh after the Supreme Court’s order of August 22.

It had noted that the petitioner has been involved in three other criminal cases though those cases have not resulted in conviction so far.

On January 11, 2023, Faizal and three others were sentenced to 10 years rigorous imprisonment and fined Rs 1 lakh each by a sessions court in Kavaratti in Lakshadweep for attempting to kill Mohammed Salih, son-in-law of the late union minister P M Sayeed, during the 2009 Lok Sabha elections.

On January 25, 2023, the Kerala High Court had suspended Faizal’s conviction and sentence.

Taking up a plea by the administration of the Union Territory of Lakshadweep, and the complainant, the SC had on August 22 set aside the HC order and remanded the case back to decide it afresh.

The top court had then said the HC has not considered the true position of law with respect to the manner in which application for stay on conviction has to be considered.