SC to hear Lakshadweep MP’s plea on revoking status

The Supreme Court on Monday agreed to list a fresh petition filed by Lakshadweep MP Mohammed Faizal seeking permission to attend the Lok Sabha after his conviction had been stayed.

The petition was filed by Faizal challenging the refusal of the Lok Sabha Secretariat to withdraw the decision to disqualify him, even his conviction had been stayed by the Kerala High Court.

The matter was mentioned by senior advocate Dr. Abhishek Manu Singhvi, who sought urgent listing. He said that the Supreme Court has refused to stay the Kerala High Court's order which had suspended Faizal's conviction. Despite that the Lok Sabha Secretariat has not revoked his disqualification, Singhvi submitted.

Even though the Supreme Court refused to stay the order of the High Court, which set aside the conviction, he has still not been reinstated in the House, Singhvi said.

He addd that the petition filed by the Lakshadweep Administration against the High Court's order is coming up before a Bench led by Justice K M Joseph on Tuesday.

The Chief Justice of India, before who the matter was mentioned, agreed to the list the petition on Tuesday.

On January 11 2023, a Sessions Court in Lakshwadweep convicted NCP MP, Faizal and three others to ten years imprisonment in an attempt to murder case, that took place in 2009. Following the conviction, Faizal was disqualified and the Election Commission of India announced by-polls.

On January 25, the conviction was suspended by the Kerala High Court.

While staying the conviction, the Kerala High Court had expressed concerns about the wasteful expenditure of a by-poll, especially when the term of the Lok Sabha is set to expire in one and half years. The court also took note of the fact that no dangerous weapons were found to have been used by the accused in the case. The wound certificates did not indicate any serious injuries, the Kerala High Court had noted.

Following the suspension of the conviction, the Election Commission of India decided not to go ahead with the by-elections.

The Lakshadweep Administration had approached the Supreme Court challenging the order of the High Court. A Bench comprising Justices K M Joseph and B V Nagaratna refused to stay the order of the Kerala HC.