The Supreme Court has agreed to list the fresh petition by Lakshadweep MP Mohammed Faizal seeking permission to attend the Lok Sabha as his conviction has been stayed for tomorrow.
In his latest petition, Faizal has challenged the refusal of the Lok Sabha Secretariat to withdraw the decision to disqualify him, even after his conviction has been stayed by the High Court.
The matter was mentioned before Chief Justice of India DY Chandrachud seeking urgent listing by Advocate Dr. Abhishek Manu Singhvi.
He submitted that the Supreme Court has refused to stay the Kerala High Court’s decision which has suspended Faizal’s conviction. Despite that, the Lok Sabha Secretariat has not revoked his disqualification, he said.”Even though the Supreme Court refuses to stay the HC order which set aside the conviction, he has still not been reinstated in the house”, Singhvi pointed out.
He added that the petition filed by the Lakshadweep Administration against the High Court’s order is coming before a bench led by Justice KM Joseph tomorrow.CJI agreed to list the present matter along with the connected petition tomorrow.
It was on January 11, 2023 that a Sessions Court in Lakshadweep convicted the NCP MP and three others to ten years imprisonment in an attempt to murder case relating to an incident of 2009. Following the conviction, Faizal, a two-time MP from the island, was disqualified and the Election Commission of India announced bye-polls.
On January 25, a single bench of the Kerala High Court suspended Faizal’s conviction. While suspending the NCP leader’s conviction, Justice Bechu Kurian Thomas of the High Court expressed concerns about the wasteful expenditure of a bye-poll, especially when the term of the Lok Sabha is set to expire within one and a half year. Justice Thomas also noted that no dangerous weapons were found to have been used by the accused in the case and that the wound certificates did not indicate any serious injuries.
Following the suspension of conviction, the Election Commission decided to not act in furtherance of the press note for bye-elections.Though the Lakshadweep administration approached the Supreme Court, a bench comprising Justices KM Joseph and BV Nagarathna refused to stay the High Court’s order on February 20.
In the latest petition, Faizal has contended that the refusal of the Lok Sabha to reinstate him is contrary to the Supreme Court’s decision in Lok Prahari case which holds that once the conviction is stayed, the disqualification will also get suspended.
“The petitioner is constrained to invoke the extraordinary jurisdiction of this court under Article 32 of the Constitution of India, against the unlawful inaction on the part of the respondent, Secretary General of the Lok Sabha Secretariat in not withdrawing the notification dated January 13, 2023, whereby the petitioner was disqualified from his membership of Parliament from the Lakshadweep parliamentary constituency,” the plea said.