The Supreme Court on Tuesday set aside the Kerala High Court verdict of January 25, which suspended the conviction of Lok Sabha MP Mohammed Faisal in an attempt to murder case and directed the High Court to take a fresh decision on the matter within six weeks.
Even while remitting the matter back to the High Court, the Supreme Court held that the benefit of the suspension of conviction will continue till the fresh decision of the High Court, thereby enabling Faizal, a member of the NCP, to continue as the MP representing Lakshadweep.
The Bench of Justice B.V. Nagarathna and Justice Ujjal Bhuyan remitted the matter back to the High Court, after observing that the latter did not consider the true position of law with respect to the manner in which application for stay on conviction has to be considered.
It further directed that the benefit of suspension of conviction will continue till the fresh decision of the High Court, which meant that the NCP leader will continue as lone MP from the Lakshadweep constituency.
The Apex Court noted that the High Court verdict had considered the prospect of a fresh election and the enormous expenses which would ensue. It said the same should not have been a factor to suspend the conviction.
It further said that the High Court should ‘have considered’ the application in proper perspective and bearing in mind various judgements of this court.
Sending the matter back to the High Court, the Apex Court noted that at this stage, it would not be proper to create a vacuum since the High Court has been directed to dispose of the application within six weeks.