The Kerala High Court on Tuesday refused to suspend the conviction of PP Mohammed Faizal, Lok Sabha member from Lakshadweep in an attempt to murder case. The court, however, suspended the sentence of Faizal in the case.
A single bench of Justice N Nagaresh on Tuesday suspended the quantum of punishment awarded to Faizal and three others for a murder attempt on former Union Minister PM Sayyid’s son-in- law Mohammed Salih.
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The court, however, refused to suspend the conviction of Faizal. The Court said that there is prima facie evidence against the MP.
The Court said that the proliferation of crime in the election process could garner momentum if men with criminal backgrounds are allowed to continue to be part of the democratic system.
“Criminalization of the election process is of grave concern in our democratic polity. The tentacles of political crimes and criminalization of the election process have started grappling with free and fair elections… If persons with criminal antecedents are permitted to continue as Members of Parliament (MP)/Legislatures even after conviction by a competent court, that would only send wrong signals to the public at large,” the Court said
The Kavaratti Sessions Court on 11 January sentenced Lakshadweep MP Mohammed Faizal and three others to 10-year rigorous imprisonment in a case related to the 2009 attempt to murder former Union Minister PM Sayyid’s son-in- law Mohammed Salih.
Faisal and others moved an appeal before the Kerala High Court on 12 January. They also filed applications to suspend their conviction and sentence. The High Court on 25 January suspended Faizal’s conviction and sentence. The Union Territory of Lakshadweep filed an appeal before the apex court against the High Court order.
The Supreme Court on 22 August set aside the High Court order and remanded the matter back to the High Court for reconsideration of the suspension of the sentence in the case.
“We find that the High Court ought to have considered the application seeking the suspension of conviction in its proper perspective covering all aspects bearing in mind the relevant judgements rendered by this court and in accordance with law,” the Supreme Court said.
Following this, a single bench of Justice Nagaresh heard the matter afresh on Tuesday and passed the order suspending the sentence awarded to four persons including Faizal, who were convicted by the trial court.
However, the plea by Faizal to suspend his conviction in the case was turned down by the Court. With this, Faizal may be disqualified as a member of the Lok Sabha.
