'Entire Evidence Cooked-Up': Kapil Sibal Argues For Lakshadweep MP In Kerala High Court Seeking Suspension Of Conviction & Sentence

Today, the re-hearing of the matter commenced before Justice N.Nagaresh.

Senior Advocate Kapil Sibal appeared for the petitioner and made submissions. The Counsel relied upon various Apex Court decisions including Rama Narang V Ramesh Narang (2014) to argue that Court can suspend conviction if it causes injustice and irreversible consequences. Sibal asserted that the entire evidence was cooked up after the election of the petitioner to ensure that he was disqualified. He argued that conviction has to be suspended considering all the relevant aspects and law in the right perspective. Senior Advocate Sibal concluded his arguments by submitting that if there is no suspension of conviction, then it is not just the petitioner who faces injustice but even the constituency that elected him will lose their representative. He submitted that, “it is irreversible, and injustice will be caused” whilst concluding his submissions before the Court.

The Kerala High Court on January 25, 2023 had suspended the conviction and sentence of imprisonment imposed on MP Mohammed Faizal and suspended the sentence of imprisonment imposed upon the others.

Against the order of suspension of conviction, the Union Territory of Lakshadweep and the complainant approached the Supreme Court.

The Apex Court found that the High Court had not considered the position of law before passing the order staying the conviction. The Apex Court held that the conviction was stayed only considering one aspect, “any order of suspension of membership which is consequential upon conviction would cause a fresh election to be conducted in so far as the Union Territory of Lakshadweep is concerned which would result in enormous expenses,” and other aspects have not been taken into consideration by the High Court.

The Apex Court on August 22, remanded the matter back to the High Court for reconsideration of suspension of conviction considering all the relevant aspects in the right perspective in accordance to law.

On this short ground alone, we set aside the impugned order and remand the matter to the High Court for reconsideration of the application filed by the first respondent herein seeking suspension of conviction passed by the High Court based on the remand order of the Supreme Court. “, the Order stated.

The Apex Court further noted that the petitioner was continuing his duties as Member of Parliament after the suspension of conviction by the High Court. The Apex Court held that the benefit suspension order will continue till the High Court disposes of the application, thus enabling the Petitioner to continue as a Member of Parliament (MP) representing Lakshadweep.

The matter has been posted for further hearing on Monday.

Case Title: Sayed Mohammed Noorul Ameer and Ors. v. U.T. Administration of Lakshadweep

Case Number: CRL.A 49/ 2023