NEW DELHI: The Supreme Court on Monday posted a plea by Union Territory of Lakshadweep challenging Kerala HCs order of staying the conviction of former Lakshadweep MP Mohammed Faizal in attempt to murder case for February 6.
The plea was mentioned by Solicitor General Tushar Mehta before a bench led by CJI DY Chandrachud. Urging the bench to list the plea, Mehta said, “It is a matter where the conviction of an MP has been stayed by the High Court.”
Faizal and the three other accused persons were convicted and sentenced by the Sessions Court to undergo 10 years of rigorous imprisonment and also imposed a fine of Rs 1 lakh each on the convicts for attempting to kill Mohammed Salih, son-in-law of former Union Minister P M Sayeed, during the 2009 Lok Sabha polls. He was subsequently disqualified by the Lok Sabha Secretariat from the Lower House of Parliament. Faisal’s conviction was stayed by the Kerala HC on January 25.
Justice Bechu Kurian had noted that the accused in the case had not used dangerous weapons and that the wound certificates did not indicate any serious injuries. “It is necessary that purity in politics and, consequently, in democracy is required to be infused.
The decriminalisation of politics is an essential requirement of every democracy. However, those lofty principles cannot be the reason for denying the application of the principles of rule of law. The societal interest in averting an expensive election that too, when the elected candidate can continue for a limited period alone if the fresh election is conducted, cannot be brushed aside,” HC had noted in its order.