Lakshadweep UT Moves Supreme Court Challenging HC Suspending Conviction Of Mohammed Faizal MP

The Union Territory of Lakshadweep has filed a petition in the Supreme Court 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.

Solicitor General of India Tushar Mehta mentioned the petition before Chief Justice of India DY Chandrachud for urgent listing, saying that it was a matter where the conviction of an MP has been stayed by the High Court. CJI agreed to list the petition next week.

On January 25, a single bench of the Kerala High Court 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. Last Friday, the ECI 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 beonly 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.