New Delhi: In a big reprieve for former Lok Sabha member from Lakshadweep Mohammed Faizal P P, the Supreme Court on Friday upheld the decision of the Kerala High Court quashing an order of the Kavaratti Sessions Court in Lakshadweep convicting him in a murder attempt case.
Faizal had approached the Supreme Court to restrain the Election Commission of India from going ahead with its decision to hold a byelection in Lakshadweep after the seat became vacant following his disqualification in view of the conviction.
In its Friday’s ruling, the Supreme Court bench comprising Justices K M Joseph and B V Nagaratna said that the Election Commission could decide on the bypoll after considering the High Court order.
According to the law, an MP or MLA is automatically disqualified on the day he is convicted in a case. However, as the High Court has suspended the order of the Lakshadweep court, there is uncertainty over the Election Commission’s plan to conduct a bypoll in the island constituency. Moreover, with an appeal against the High Court also likely to be filed, the Election Commission may not issue a notification for the bypoll on January 31.
The Kavaratti court had sentenced Faizal, who was the MP, and some others to 10-year imprisonment on charges of making an attempt on the life of Muhammed Salih, son-in-law of former union minister and Congress leader P M Sayeed. Faizal was the second accused in the case.
However, the Kerala High Court suspended this sentence observing that it was a unique and extraordinary case. High Court judge Justice Bechu Kurian said that a bypoll in Lakshadweep at this juncture would cause huge expenses. Moreover, the winner of the bypoll would have a term of less than one-and-a-half years, pointed out the court. The High Court also said that suspension of the Kavaratti court’s sentence would nullify the disqualification of Faizal as MP.
