If prima facie opinion based on materials before the court reflects that it is a case of acquittal then suspension of conviction can be argued, the court said.There cannot be a different rule for a Member of Parliament and Member of Legislative Assembly for suspension of conviction and sentences, the court said.The court remark came after it noted the Kerala High Court while suspending his conviction and sentence observed that Faizal was an elected representative and that if his conviction has not stayed, the seat will be vacant and polls would cost the exchequer.
The court has asked the UT to furnish the deposition of all the relevant witnesses and listed the matter in April. Meanwhile, the court has apprised of the fact that Faizal Lok Sabha`s membership has been restored.The court was hearing the Union Territory of Lakshadweep`s plea challenging the interim impugned order dated January 25, 2023, passed by the High Court of Kerala at Ernakulam. Earlier, Kerala High Court suspended the conviction and sentence of Lakshadweep MP and Nationalist Congress leader (NCP) leader PP Mohammed Faizal and three others in a case of an attempt to murder.
Kerala HC passed the order on a plea of Faizal and others challenging a trial court`s order at Lakshadweep in an attempt to murder case. Faizal filed the application seeking to suspend the 10-year imprisonment.
Source:- TOIEarlier, the Kavaratti Sessions Court had convicted four persons, including Faizal. Thereafter, The UT Administration of Lakshadweep moved the Supreme Court challenging the Kerala High Court order, which suspended the conviction of Lakshadweep MP Faizal in the attempt to murder case. In the plea, the Union Territory of Lakshadweep challenged the interim impugned order dated January 25, 2023, passed by the High Court of Kerala at Ernakulam.
Through the interim impugned order, the High Court has suspended the conviction and sentence imposed on Mohammed Faizal by the Sessions Court, Kavarthi, Union Territory of Lakshadweep, till the disposal of the criminal appeal.The High Court has also suspended the sentence of imprisonment of other accused till disposal of the appeal. Earlier, the Kavaratti Sessions Court had convicted four persons, including Faizal for committing offenses punishable under Indian Penal Code (IPC) sections143, 147, 148, 307, 324, 342, 448, 427, 506 read with 149 relating to offenses relating to rioting, attempt to murder, violence, kidnapping. They were all sentenced to undergo 10 years of rigorous imprisonment.
Source: Byju’s IASThey were also directed to pay a fine of Rs 1 lakh each for allegedly attempting to murder Padanath Salih, the son-in-law of former Union Minister PM Sayeed in relation to a political controversy during the 2009 Lok Sabha elections.The UT Administration of Lakshadweep, in the plea, said that the consequence of Faizal`s conviction by the Ld. Sessions Court, Kavarthi on January 11, 2023, was that by operation of Article 102(1)(e) of the Constitution read with Section 8(3) of the Representation of the People Act, 1951, the respondent, who was an elected Member of Parliament from Lakshadweep Constituency, stood disqualified by the operation of law from the date of conviction and the Lok Sabha Constituency of Lakshadweep stood vacated.
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