NEW DELHI: The Supreme Court on Tuesday set aside a Kerala High Court order which suspended the conviction of Lakshadweep Lok Sabha MP Mohammed Faizal, in an attempt to murder case, on the ground of enormous expenditure to be incurred for a fresh election.
The top court asked the high court to decide the matter afresh, saying that it's order was not based upon the correct position of law for staying the conviction.
A bench of Justices B V Nagarathna and Ujjal Bhuyan, however, extended the HC's order for six weeks, allowing NCP leader Faizal to continue as an MP till then.
In its order, the court noted that the high court has not considered the true position of law with respect to the manner in which application for stay on conviction has to be considered.
The bench said since it is remanding the matter back to the high court it would not be proper to create a vacuum, so it extended the HC's order and asked it to decide the matter within six weeks.
The high court, while suspending Faizal’s conviction and sentence, had taken into consideration the prospect of a fresh election and the enormous expenses which would ensue.
The bench said this should not have been a factor to suspend the conviction.
Faizal had cited Rahul Gandhi’s case in defence but this contention was not entertained by the apex court.
Senior advocate A M Singhvi, representing Faizal, contended before that if the court does not agree with the high court’s approach, then the matter could be remanded to the high court while allowing him to continue as an MP.
The administration of the Union Territory of Lakshadweep, and the complainant who accused Faizal of attempting to murder him have challenged the validity of the HC's order before the top court.
Additional Solicitor General K M Nataraj and senior advocate Menaka Guruswamy appeared the UT administration.
The petitioners had challenged the January 25 order passed by Kerala High Court suspending Faizal’s conviction and sentence.
On January 11, 2023, Faizal and three others were sentenced to 10 years rigorous imprisonment and fined Rs one 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.
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