The Supreme Court on Monday, October 9 stayed a recent Kerala High Court order that rejected Lakshadweep Member of Parliament, Mohammed Faizal's plea for suspending his conviction in an attempt to murder case.
Following the Kerala HC order, Faizal faced disqualification as an MP for the second time. After the apex court's stay, Faizal can now continue as an MP.
The bench comprising Justice Hrishikesh Roy and Justice Sanjay Karol, while staying the High Court’s order also said that the benefit of suspension of conviction from the August 22 remand order of the Supreme Court will be operational.
The August 22 order of the SC remanded the order back to the HC for reconsidering suspension of conviction. However, the apex court ordered that the benefit of suspension of conviction shall continue for the time.
Representing Faizal before the court, Senior Advocate Kapil Sibal argued that the FIR was later modified to include an iron rod as a murder weapon after he was elected as an MP.
Sibal further added that this was a fight between two political parties, the NCP and the Congress. While Faizal belongs to the NCP, all the witnesses are Congress workers. "The sessions judge found that there are no independent witnesses," Sibal said.
Sibal further said that Faizal's constituency Lakshadweep should not be allowed to go unrepresented. The apex court, while staying the conviction further sought a response from the Lakshadweep administration and the complainant.
In January, a sessions court in Lakshadweep's Kavaratti sentenced Faizal for attempting to kill Mohammed Salih, son-in-law of the late Union Minister PM Sayeed, during the 2009 Lok Sabha elections. Following this, Faizal was suspended from Lok Sabha on January 25.
The sessions court sentenced Faizal to rigorous imprisonment for ten years. In March, the High Court suspended his conviction and sentence in the case. Then the complainant and the Lakshwadeep administration approached the apex court.