SC allows NCP's Mohammed Faizal to continue as MP, stays Kerala HC order

The Supreme Court on Monday stayed the Kerala high court order rejecting NCP leader Mohammed Faizal's petition seeking suspension of his conviction in an attempt to murder case, an order which may lead to revocation of his disqualification as Lok Sabha MP for a second time.

After the Kerala high court's October 3 order, he was disqualified as a member of the Lok Sabha on Wednesday.

Faizal, who represented Lakshadweep in Parliament, has been disqualified twice as a lawmaker this year.

”In the meantime the operation of the impugned order October 3, 2023 of the High Court is stayed. The interim order passed by this court (the Supreme Court) in favour of the petitioner earlier is made operational,” said a bench of Justice Hrishikesh Roy and Justice Sanjay Karol after hearing brief submissions by senior advocate Kapil Sibal and Additional Solicitor General K M Natraj.

The Supreme Court had on August 22 temporarily protected Faizal's status as MP and remanded the case back to the high court to decide it afresh.

ASG Natraj, appearing for the Lakshadweep administration, opposed the stay of the high court's order. The bench also issued a notice to the Lakshadweep UT administration and sought its response in four weeks.

Earlier, Faizal moved the top court challenging the high court order rejecting his plea for suspending his conviction in an attempt to murder case.

"In view of order dated 03.10.2023 of the hon'ble high court of Kerala, Shri Mohammed Faizal P.P., member of Lok Sabha representing the Lakshadweep parliamentary constituency of the Union territory of Lakshadweep, stands disqualified from the membership of Lok Sabha from the date of his conviction, i.e. 11th January, 2023," a Lok Sabha Secretariat bulletin had stated.

While declining to suspend his conviction, the high court had, however, suspended the 10-year sentence awarded to Faizal and three others in the case.

A sessions court in Lakshadweep had sentenced Faizal and three others on January 11 for attempting to kill Mohammed Salih, son-in-law of the late union minister P M Sayeed, during the 2009 Lok Sabha elections.