Kerala High Court Refuses To Suspend Conviction Of Lakshadweep MP Mohammed Faizal In Attempt To Murder Case But Suspends Sentence

However, Justice N. Nagaresh suspended his sentence of imprisonment.

The petitioner, Mohammed Faizal and three others were convicted and sentenced to imprisonment for periods ranging from one month to ten years by the Kavaratti Sessions Court under sections 143, 147, 148, 448, 427, 324, 342, 307 and 506 r/w section 149 of the Indian Penal Code for attempting to kill Mohammed Salih, son-in-law of former Union Minister P M Sayeed, during the 2009 Lok Sabha polls. Mohammed Faizal was elected as a Member of the Parliament in the year 2014 and again in 2019. Against the punishment, the Mohammed Faizal and others approached the High Court.

The Kerala High Court January 25, 2023 had suspended the conviction and sentence imposed upon Mohammed Faizal and suspended the sentence imposed upon the others. Against the order of suspension of conviction, the Union Territory of Lakshadweep and the complainant approached the Supreme Court.

The Supreme Court vide order dated August 22, 2023 remanded the matter back to the High Court for reconsidering the suspension of conviction within a period of six weeks, “We find that the High Court ought to have considered the application seeking the suspension of conviction in its proper perspective covering all aspects bearing in mind the relevant judgments rendered by this Court and in accordance with law.” The Apex Court had ordered that the benefit of suspension of conviction to continue while the matter was remanded to the High Court, thus permitting the Mohammed Faizal to continue as a Member of Parliament (MP) representing Lakshadweep.

During the hearing, Senior Advocate Kapil Sibal had appeared for Mohammed Faizal before the High Court and argued that irreversible injustice would be caused if the order of conviction was not suspended.

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

Case Number: CRL.A 49/ 2023