SC imposed fine of Rs. 1 lakh on lawyer challenging restoration of Mohammed Faizal's Lok Sabha membership

SC imposed fine of Rs. 1 lakh on lawyer challenging restoration of Mohammed Faizal's Lok Sabha membership

Today, the Supreme Court rejected a plea filed by a lawyer based in Lucknow, which aimed to challenge the reinstatement of Nationalist Congress Party Leader Mohammed Faizal's Lok Sabha membership.

The petitioner, Advocate Ashok Pandey, argued that when a Member of Parliament (MP) loses their office due to a criminal conviction, they should remain disqualified until they are acquitted by a higher court.

The bench comprising, Justices BR GavaiAravind Kumar, and Prashant Kumar Mishra rejected the PIL.

Not only this, the court also imposed an extraordinary cost of one lakh on the lawyer for filing the PIL.

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.

Case Title - Ashok Pandey v. The Speaker of Lok Sabha And Ors. 

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