KOCHI: In a major setback to Lakshadweep MP Mohammed Faizal, the Kerala High Court on Tuesday rejected the plea to suspend his conviction in an attempt to murder case, leaving him open to disqualification from the Parliament and being barred from contesting elections.
However, the HC, which was hearing the plea afresh following a Supreme Court directive, suspended the 10-year rigorous imprisonment awarded to Faizal by the Kavaratti Sessions Court in connection with the attempt to murder on Mohammed Salih, the son-in-law of former union minister P M Sayeed, during the 2009 Lok Sabha elections.
Section 8(3) of the Representation of the Representation of People Act, 1951, says an MP, MLA, or MLC convicted of any offence and sentenced to at least two years, attracts disqualification and “shall be disqualified from the date of such conviction and shall continue to be disqualified for a further period of six years since his release.”
The HC said if persons with criminal antecedents are permitted to continue as MPs and MLAs even after conviction, it would send wrong signals to the public.
Intention matters, not just injuries, says HC on Sec 307 charge
Justice N Nagaresh added: “As there are materials prima facie evidencing the criminal acts on the part of the accused, I am of the firm view that this is not a fit case to suspend the order of conviction imposed on Faizal.” The sessions court had convicted Faizal on January 11. Though the LS secretariat disqualified him two days later, it reversed the decision after an HC single judge suspended his conviction.
The island administration then approached the Supreme Court, which in August set the HC order aside and directed the court to reconsider and decide on Faizal’s plea afresh. At the latest hearing, the prosecution argued that the irreversible consequences arising from not suspending an order of conviction could not be a reason to suspend such an order. Faizal’s counsel argued that hardly nine months were left for the Lok Sabha polls. If the MP is disqualified now, the damage will be irreparable.
To Faizal’s contention that the injuries inflicted were not serious and hence conviction could not be sustained, the HC said it was not essential that bodily injury capable of causing death should have been inflicted to make out a charge under IPC Section 307. It was enough if there is intention coupled with some common act in execution, the HC said.