Lakshadweep MP Mohammed Faizal Disqualified from Lok Sabha After Conviction Suspension Plea Rejected by Kerala High Court [Read Notice]

Lakshadweep MP Mohammed Faizal PP was on October 4 disqualified from Lok Sabha after the Kerala High Court rejected its plea to suspend his conviction in an attempt to murder case.

On October 3, the Kerala High Court had said if persons with criminal antecedents are permitted to continue as Members of Parliament / Legislatures even after conviction that would only send wrong signals to public at large.

The HCs order came after the Supreme Court asked it to reconsider the NCP MPs application for suspending his conviction.

Following this, the Lok Sabha Secretariat issued the notification disqualifying him from January 11 when a Kerala court had convicted him.

Faizal was first disqualified from Lok Sabha on January 13 after a sessions court sentenced him and three others to 10-year rigorous imprisonment and a fine of Rs one lakh each for attempting to murder Mohammed Salih, son-in-law of the late Union Minister P M Sayeed, during the 2009 Lok Sabha elections.

However, he got a reprieve from the Kerala HC, which suspended his conviction on January 25, following which he approached the Secretariat for his reinstatement. A delay in action prompted him to approach the Supreme Court, prompting the Lok Sabha Secretariat to reinstate his membership on March 29 before the court heard the case.

Later, the SC, which was hearing the case appealing against suspension of his conviction, found fault with the HC order giving him relief but asked it to hear the issue again.

While considering the matter afresh after the Supreme Courts order of August 22, a single judge bench of Justice N Nagaresh had that the MP has been involved in three other criminal cases though he has yet not been convicted.

The incident of assault occurred on April 16, 2009 was in connection with General Elections and there are eyewitnesses to it, the HC had said.

The HC also said the victim was to be taken to a hospital in Mainland in a helicopter for treatment where he remained as in-patient for 14 days.

Criminalisation of election process is of grave concern in our democratic polity. The tentacles of political crimes and criminalisation of election process have started grappling free and fair elections. Incidents of criminal acts being committed even during meeting of legislative bodies are surfacing. Proliferation of crime in election process could garner momentum to cripple Indian democracy, if men with criminal background are allowed to continue to be part of the democratic system, the HC had said. 

[Read Notice]