[Speaker's refusal to revoke disqualification] "What Fundamental Right has been violated?", SC asks Lakshadweep MP Mohammed Faizal

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On January 25, a single bench of the Kerala High Court suspended Faizal's conviction in an attempt to murder case relating to 2009 wherein he was sentenced to three years of imprisonment.

The Supreme Court today questioned Lakshadweep MP Mohammed Faizal as to what fundamental right of his was violated, while hearing his plea seeking permission to attend the Lok Sabha as his conviction in a murder case has been stayed.

A bench of Justices KM Joseph and BV Nagarathna made this observation when they noticed that the instant plea was filed under Article 32 of Constitution of India.

Faisal's counsel had mentioned the plea before Court after lunch thinking that the matter would not be taken up today. When the counsel for Faisal told Court that the speaker had not allowed the parliamentarian to sit, and that the speaker should withdraw his order of disqualification, the bench asked,

"This is under Article 32..What Fundamental right has been violated?"

To this the counsel said, the right to represent his constituency.

On hearing this, Justice Joseph asked, "Is that a fundamental right?"

Court further suggested that Faisal may approach the High Court under Article 226.

The counsel then requested the bench to take up the matter tomorrow, to which the court agreed.

Court was also told that since the Supreme Court is already seized of the petition filed by the Lakshadweep Administration's against the High Court's stay on conviction, the petitioner thought it fit to move the Supreme Court seeking reinstatement of his Lok Sabha membership.

Yesterday, Senior Advocate Abhishek Manu Singhvi mentioned the matter before Chief Justice of India DY Chandrachud seeking urgent listing.

On January 11, 2023 a Sessions Court in Lakshadweep had convicted the NCP MP and three others in an attempt to murder case relating to an incident of 2009. Following the conviction, Faizal, was disqualified.

Case Title: UT Administration of Lakshadweep vs. Mohammed Faizal