Supreme Court To Hear Lakshadweep UT's Challenge To HC Order Suspending Conviction Of MP's Conviction On Feb 13

The Supreme Court on Monday adjourned the Special Leave Petition filed by the Union Territory of Lakshadweep challenging the order of the Kerala High Court which suspended the conviction and sentence of Member of Parliament Mohammed Faizal in an attempt to murder case, for hearing on 13 February. 

Solicitor General Senior Tushar Mehta appearing for the Union Territory submitted before the bench of Justices KM Joseph and BV Nagarathna today that, "the SLP was against the suspension of conviction and sentence ordered by the High Court."

He submitted that the stand of the Union Territory was that, "the reasoning given for suspension by the High Court has put at naught Section 8 of the Representation of Peoples Act. This has wider repercussions". 

"There is a provision in Section 8 of the RoP Act which says the on conviction, a person would cease to be a member of an elected assembly. Series of judgments have laid down the parameters where suspension of sentence and conviction takes place. We are not seriously on suspension of sentence but sentence of conviction is an exception and not a rule. Now, the ground given by the High Court for staying the conviction is that he is an elected man and if his election is not stayed, the government will have to incur expenditure for holding an election. So section 8 goes despite it applying to every elected person. So virtually you set at naught the rigours of Section 8 and the object behind it", the SG said.

Responding to this, Senior Advocate Abhishek Manu Singhvi, appearing for Faizal, submitted before the court that, "judgments have laid this suspension of  sentence and conviction so that elected representatives are able to continue and not leave with every conviction. There are six reasons given for suspension in the order. For an offence committed in 2009, he is now convicted a year and a quarter before the next elections are to be held." 

The Court informed the parties that the bench had not gone through the petition and so it would post the matter for hearing to another day. The court then adjourned the matter asking the parties to submit judgments being relied upon by them. 

Background

On January 25, a single bench of the Kerala High Court had suspended Faizal's conviction, as a result of which his disqualification as MP also got stayed.

The Election Commission of India had in the meanwhile announced the dates for bye-elections in Lakshadweep. The ECI then told the Supreme Court that it will act as per the High Court's order suspending the conviction. 

While suspending the NCP leader's conviction, Justice Bechu Kurian of the High Court expressed concerns about the wasteful expenditure of a bye-poll, especially when the term of the Lok Sabha is set to expire within one and a half year. Justice Kurian also noted no dangerous weapons were found to have been used by the accused in the case and that the wound certificates did not indicate any serious injuries.

"....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. The enormity of administrative exercises required for the conduct of an election will inevitably lead to various developmental activities in the Union Territory of Lakshadweep coming to a halt for a few weeks atleast. Despite all these exercises and financial burdens, the maximum period for which the elected candidate can function will be only a period less than fifteen months", the High Court observed in the order. The High Court however refused to suspend the conviction of three other accused persons, but suspended their sentences. 

Case Title: U.T. Administration of Lakshadweep v. Mohammed Faizal And Ors. SLP(Crl) No. 1644/2023