Supreme Court overturns Kerala HC order staying conviction of Lakshadweep MP Mohammed Faizal

The Supreme Court on Monday set aside a Kerala High Court decision suspending Lakshadweep Lok Sabha MP Mohammed Faizal's conviction and sentencing in a case involving attempted murder and remanded the issue back to the high court for another six-week hearing.

New Delhi: The Supreme Court on Monday overturned a Kerala High Court decision suspending Lakshadweep Lok Sabha MP Mohammed Faizal's conviction and sentencing in a case involving attempted murder, and remanded the issue back to the high court for another six-week hearing. However, a bench of Justices BV Nagarathna and Ujjal Bhuyan protected the MP from any potential disqualification, stating that the earlier order's protection will be in effect for another six weeks. During that time, the high court will have to reconsider its decision on the Lakshadweep administration's appeal.

The Supreme Court declared that the Lok Sabha MP's conviction and imprisonment in the case were suspended due to the high court's "erroneous" approach.
According to Faizal, a “false case” was registered against him on January 5, 2016, at Androth island police station. While the trial was ongoing, he was elected to Lok Sabha in 2019. On January 11, 2023, Faizal and three others were sentenced to 10 years’ rigorous imprisonment, and penalised them each Rs. one lakh on January 11, 2023, for attempting to murder Mohammed Salih, the late Union Minister P M Sayeed's son-in-law, during the 2009 Lok Sabha elections.

Faizal filed an appeal against the decision to the Kerala High Court, and on January 25 the HC suspended his conviction and punishment.

In its order, the high court said it was suspending the conviction and sentence of the NCP leader pending disposal of his appeal against the trial court order. It said not doing so will result in fresh elections for the seat vacated by him which will impose a financial burden on the government and the public.