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Synopsis

A division bench of the Supreme Court today set aside the Kerala High Court order suspending the conviction of Lok Sabha MP from Lakshadweep Mohammed Faizal in an attempt to murder case.

The bench of Justices BV Nagarathna and Ujjal Bhuyan has sent the matter back to the High Court for a fresh decision as well.

Notably, the bench has added that that the benefit of the suspension of conviction will continue till the high court disposes of the application, enabling Faizal to continue as an MP.

In April this year, a Lawyer had approached the Supreme Court seeking quashing of the order passed by Speaker of Lok Sabha on March 29, 2023 through which the lost membership of Mohammad Faizal Khan, the member of Lok Sabha from Lakshadweep, was restored.

In the instant plea, moved by Lucknow based lawyer Ashok Pandey, a reference is made to the judgment of BR Kapoor vs. State of Tamil Nadu and another, wherein it was held that the disqualification based on conviction and sentence will continue to operate till it is set aside in appeal. 

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.

Later that month, 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.

Following this, Khan had moved the Supreme Court seeking permission to attend the Lok Sabha as his conviction in the murder case had been stayed.

Case Title: U.T. Administration of Lakshadweep vs. Mohammed Faizal & Ors.