The Kerala High Court in the case Sayed Mohammed Noorul Ameer and Ors. v. U.T. Administration of Lakshadweep obserevd and has refused to suspend the conviction of the Lakshadweep MP Mohammed Faizal in a case of attempt to murder. The bench headed by Justice N. Nagaresh in the case obserevd and has suspended his sentence of imprisonment.
In the present case, the petitioner, Mohammed Faizal and three others were convicted and sentenced to imprisonment for periods ranging from one month to ten years by the Kavaratti Sessions Court as stated under section 143, section 147, section 148, section 448, section 427, section 324, section 307 and section 506 reading with section 149 of the Indian Penal Code, 1860 for attempting to kill the Mohammed Salih, son-in-law of former Union Minister P M Sayeed, during the 2009 Lok Sabha polls. Thus, Mohammed Faizal who was being elected as the Member of the Parliament in the year 2014 and again in 2019. Against the punishment, the Mohammed Faizal and the others approached the High Court.The Kerala High Court had suspended the conviction and the sentence imposed upon the Mohammed Faizal and has suspended the sentence which is being imposed upon the others. However, against the suspension of conviction, the Union Territory of Lakshadweep and the complainant approached the Supreme Court.
The Supreme Court remarked that the matter back to the High Court for reconsidering the suspension of conviction within a period of six weeks.
The court stated that this court finds 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 judgments rendered by this Court and in accordance with law.
The Apex Cour tin its order stated that the benefits of suspension of conviction to continue while the matter was remanded to the High Court, thus, the court permitted the Mohammed Faizal to continue as a Member of Parliament, MP representing Lakshadweep.
The counsel, Senior Advocate Kapil Sibal appearing for Mohammed Faizal argued before the High Court that the irreversible injustice would be caused if the order of conviction was not suspended.
The counsel, Senior Advocate Kapil Sibal appeared for the petitioner.
