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Synopsis

The Supreme Court today has stayed the Kerala High Court's order from last week whereby it had refused to suspend the conviction of disqualified Lakshadweep MP Mohammed Faizal in an attempt to murder case.

Court has added that its earlier order granting the benefit of suspension of conviction shall continue, thus permitting Faizal to continue as the Member of Parliament.

A bench of Justices Hrishikesh Roy and Sanjay Karol has also issued notice in the present plea by Faizal returnable in 4 weeks.

Notably, Senior Advocate Kapil Sibal, appearing for Faizal, argued today that the FIR was later modified after Faizal was elected as MP. 

"This is a fight between Congress and NCP. All witnesses are Congress workers. The sessions judge found that there are no independent witnesses..they first attacked me and they have been convicted...", Sibal added.

In August, a division bench of the Supreme Court had 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: Mohammed Faizal vs. UT Administration of Lakshadweep