Mohammed Faizal, the disqualified Member of Parliament from Lakshadweep and a member of the Nationalist Congress Party (NCP), approaches the Supreme Court challenging the Kerala High Court's decision not to suspend his conviction in an attempted murder case rendered on October 3rd. Notably, the Kerala High Court did, however, suspend his prison sentence.

“In view of order dated 03.10.2023 of the Hon’ble High Court of Kerala, Shri Mohammed Faizal P.P., Member of Lok Sabha representing the Lakshadweep Parliamentary Constituency of the Union Territory of Lakshadweep, stands disqualified from the membership of Lok Sabha from the date of his conviction, i.e. 11th January, 2023,” a Lok Sabha Secretariat bulletin stated.

Last year, Mohammed Faizal and three others received a conviction and a ten-year prison sentence from the Kavaratti Sessions Court. They were found guilty under various sections of the Indian Penal Code, including 143, 147, 148, 448, 427, 324, 342, 307, and 506, read with section 149, for their involvement in an attempted murder during the 2009 Lok Sabha polls. 

On January 25, the division bench of Kerala High Court suspended the conviction.

However, the Union Territory of Lakshadweep and the complainant subsequently challenged this decision by appealing to the Supreme Court regarding the suspension of conviction.

Supreme Court sent the case back to the High Court, instructing them to review the suspension of the conviction within a six-week timeframe. The Supreme Court expressed criticism of the High Court's previous decision, particularly regarding its consideration of the potential costs associated with a bye-election that might be required if the conviction is not suspended.

“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 judgments rendered by this Court and in accordance with law,” the Apex Court had said.

During the remand of the case to the High Court, the Supreme Court had issued an order allowing the benefit of the suspension of conviction to remain in effect. This meant that Mohammed Faizal was permitted to continue serving as a Member of Parliament (MP) representing Lakshadweep during this period.

Subsequently on 3rd October, a single bench of Justice N Nagaresh of the Kerala High Court while hearing the matter afresh, refused suspension of his conviction.