Kerala HC stays conviction of Lakshadweep’s former MP | Latest News India - Hindustan Times
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Kerala HC stays conviction of Lakshadweep’s former MP

Jan 26, 2023 01:10 AM IST

On Wednesday, the single bench of Justice Becchu Kurian Thomas extended the relief to all four convicted in the 2009 case.

Thiruvananthapuram:

On January 11, the Kavaratti district sessions court convicted former Lakshadweep MP Mohammad Faizal, along with three others, for attacking with an intention to kill a Congress worker during a violence in the island ahead of the 2009 Lok Sabha elections.
On January 11, the Kavaratti district sessions court convicted former Lakshadweep MP Mohammad Faizal, along with three others, for attacking with an intention to kill a Congress worker during a violence in the island ahead of the 2009 Lok Sabha elections.

The Kerala high court on Wednesday suspended the conviction and 10-year sentence of former Lakshadweep MP Mohammad Faizal in an attempt-to-murder case, paving the way for him to enter parliament again.

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On January 11, the Kavaratti district sessions court convicted Faizal, a leader of the Nationalist Congress Party (NCP), along with three others, including his brother, for attacking with an intention to kill a Congress worker during a violence in the island ahead of the 2009 Lok Sabha elections.

On Wednesday, the single bench of Justice Becchu Kurian Thomas extended the relief to all four convicted in the 2009 case.

“The ramification of suspending the conviction is enormous and this court is of the view that the conviction and sentence of imprisonment imposed on the accused must be suspended until dismissed with the appeal,” Justice Thomas noted in his order.

Three days after his conviction, the Lok Sabha secretariat issued a notification disqualifying Faizal from parliament. On January 18, the Election Commission of India announced a by-election in the island archipelago on February 27.

According to the prosecution, Faizal and 32 others formed an unlawful group and caused severe injuries to Congress worker Mohammad Saliah, the son-in-law of former lawmaker PM Sayeed, with the intention of killing him.

The Lakshadweep administration opposed suspension of sentence of the convicts, saying granting them the relief would “shake the people’s faith in the judicial process”. Arguing that the offence committed by Faizal and others, including his government school teacher brother, had shocked the island, the Union territory administration said their release would send a “wrong message to the society”.

Deputy solicitor general of India (DSGI) Manu S represented the UT administration in the court.

P Vijaya Bhanu, Faizal’s counsel, however, argued that the trial court judgment and subsequent sentencing was against the law, facts and evidence. Minimum evidences were presented in the court that were “partisan in nature” without scientific corroborations, said Vijaya Bhanu . He further contended that weapons used in violence were not recovered and treating doctor had clearly stated that injuries suffered in the so-called attack were not life-threatening.

After hearing both sides, the high court concluded: “Not suspending the conviction of the second accused (MP) is drastic, not only for the petitioner but also for the nation. A cumbersome process of election will have to be started and its exorbitant cost will have to be borne by the nation and indirectly by the people of the country.”

Legal experts, however, have questioned the concluding observation in the court’s order.

“While the HC’s order suspending the conviction is within its powers, I find the observation “societal interest lies in averting an expensive election” ought to have been avoided while hearing a criminal appeal, wherein criminal law and its principles should have been the only consideration,” said Supreme Court senior advocate M R Abhilash.

The haste in which the bypoll was announced only days after the NCP leader’s disqualification from the Lok Sabha sparked a political row.

“It is clear that undue haste was shown in his case and it seems extraordinary also,” said MV Govindan, the Kerala unit secretary of the Communist Party of India (Marxist).

Lodged in Kannur central jail, Faizal and the three other convicts will be released soon, jail authorities said.

Two years ago, the archipelago witnessed a series of stirs against the new set of regulations brought in by Union territory administrator Praful Khoda Patel, with residents claiming it would destroy the unique culture and tradition of the island.

NCP leader Faizal was on the forefront of agitations against Patel.

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  • ABOUT THE AUTHOR
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    Ramesh Babu is HT’s bureau chief in Kerala, with about three decades of experience in journalism.

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