Kochi: The Lakshadweep administration has opposed in the Kerala High Court the plea moved by disqualified MP Mohammed Faizal and three others, including his brother, seeking suspension of their 10-year sentence in an attempted murder case, saying that releasing them on bail would "shake the people's faith in the judicial process."
In the objections filed by the Union Territory (UT) of Lakshadweep, through the Deputy Solicitor General of India (DSGI) Manu S, it has said that the former MP was also facing trial in one of the two other criminal cases against him and the offence committed by him had shocked the society of the island archipelago where few crimes are reported.
Therefore, his release would send a wrong message to the society, the island administration has said.
Faizal's brother, Sayed Mohammed Nurul Ameen, was a teacher in government service and according to eyewitnesses he was the one who exhorted to kill the injured Mohammed Salih, son-in-law of late Congress leader and former Union Minister P M Sayeed, during the 2009 Lok Sabha polls, the UT administration has said.
"Teachers are traditionally held in high regard by society. A teacher shall be a role model for the students as well as the general public.
"If the petitioners/ appellants who are prominent leaders of a political party, found to be guilty of attempted murder by the Court of Sessions are released at this stage, the same will result in shaking the faith of people in the judicial process," it said.
It has further said that the disqualified MP "has proved to be a person with a criminal bent of mind".
"The fact that he is facing trial, in a case registered by the CBI and also facing investigation in another case registered by the CBI for serious offences shows that he is unfit to be a lawmaker," it said.
The Lakshadweep administration has contended that if Faizal's sentence is suspended, he may secure re-entry to Parliament.
"In view of the consistent insistence by the Supreme Court against criminalisation of politics and also in view of the intention and objective of the provisions of the Representation of the People Act, the prayer is hence liable to be rejected by this court," the UT administration has said in its objections filed in response to the convict's plea for suspension of sentence.
There were 37 accused in the case.
Of them two had died and the trial had abated against them.
Of the remaining 35, four persons -- including the disqualified MP and his brother -- were convicted and sentenced to 10 years imprisonment, while the rest were acquitted.
According to the prosecution, Faizal and 36 other accused along with some other identifiable persons, armed with deadly weapons, committed offence of rioting and voluntarily caused hurt on Salih after wrongfully confining him and his friend Mohammed Kassim at a place at Androth island.
Three accused, including Faizal, chased Salih when he tried to flee from the spot, broke open the room of a house where he had taken shelter and brutally manhandled him with the aid of dangerous weapons including sword stick, chopper, iron rod, rafters, sticks etc, it had said during the trial.
The severely wounded Salih was evacuated to Ernakulam in Kerala in a chopper for better medical aid, the prosecution had said.
They were attacked when they had reached the spot for intervening in a political issue during the 2009 Lok Sabha polls.