SC sets aside Kerala High Court order suspending conviction of MP Mohd. Faizal

The Supreme Court on Tuesday set aside an order of a Single Judge Bench of the Kerala High Court suspending the conviction of Lok Sabha member Mohammed Faizal in case of attempting to kill Mohammed Salih, son-in-law of former Union Minister P.M. Sayeed. In January, the High Court had suspended Mr. Faizal’s conviction on the ground that societal interest lay in averting an expensive election.

The Supreme Court on Tuesday set aside an order of a Single Judge Bench of the Kerala High Court suspending the conviction of Lok Sabha member Mohammed Faizal in an attempt-to-murder case.

A Bench headed by Justice B.V. Nagarathna asked the High Court to hear afresh the appeal filed by the Lakshadweep administration and decide it in six weeks.

Mr. Faizal would continue to be an MP till the time the High Court decides the case. The Supreme Court said it did not want to create a vacuum in the constituency seat he represented in the Parliament.

On January 11, 2023, Mr. Faizal and three others were sentenced to 10 years’ rigorous imprisonment and fined ₹ 1 lakh each by a sessions court in Kavaratti in Kerala for attempting to kill Mohammed Salih, son-in-law of former Union Minister P.M. Sayeed.

In January, the Single Judge Bench of the High Court had suspended Mr. Faizal’s conviction on the ground that societal interest lay in averting an expensive election.

“The societal interest in averting an expensive election that too, when the elected candidate can continue for a limited period alone if the fresh election is conducted, cannot be brushed aside by this court. The societal interest and the need to have purity in politics and elections will have to be balanced,” the Single Judge had reasoned in January.

Mr. Faizal’s case had later gained the spotlight amidst the disqualification of Wayanad MP Rahul Gandhi from the Lok Sabha following his conviction in a criminal defamation case.