Attempt to Murder: SC Overturns HC Suspension of Lakshadweep MP Mohammed Faizal Case

The Supreme Court on Tuesday set aside the Kerala High Court’s order to suspend the conviction and sentence of Lakshadweep Lok Sabha MP Mohammed Faizal in an attempt to murder case.

The case has been sent back to the high court for fresh review within a span of six weeks.

However, a bench comprising of Justice BV Nagarathna and Justice Ujjal Bhuyan, while safeguarding the MP from potential disqualification, upheld the protection granted in the previous order for a duration of six weeks

During this period, the high court will need to reexamine the appeal of the Lakshadweep administration. The Apex Court criticized the “erroneous” approach taken by the high court in suspending the conviction and sentence of the Lok Sabha MP.

On January 11, 2023, Mohammed Faizal, along with three others, received a 10-year rigorous imprisonment sentence and a fine of Rs 1 lakh each from a sessions court in Kavaratti, Lakshadweep. This sentence was the result of an attempt to murder Mohammed Salih, son-in-law of the late union minister P M Sayeed, during the 2009 Lok Sabha elections.

In response, Faizal moved the Kerala High Court, which on January 25, suspended his conviction and sentence. The high court justified this decision by stating that it was pending disposal of his appeal against the trial court’s ruling. The court pointed out that not doing so could lead to fresh elections for the vacated seat, imposing financial burdens on the government and the public.

In reaction to the high court’s order, the Lakshadweep administration approached the Supreme Court, leading to the top court agreeing to hear the administration’s petition on January 30.

On March 29, the Supreme Court had already resolved Faizal’s separate plea concerning his disqualification as a Member of Parliament. This resolution was based on the Lok Sabha secretariat’s notification that reinstated his membership following the high court’s order.