UT of Lakshadweep petitions SC challenging order of Kerala HC suspending conviction Mohammed Faizal

UT of Lakshadweep petitions SC challenging order of Kerala HC suspending conviction Mohammed Faizal

Lakshadweep Union Territory has petitioned the Supreme Court to overturn the Kerala High Court's decision suspending Member of Parliament Mohammed Faizal's conviction and sentence in a case involving an attempted murder. 

In a petition that was brought before Chief Justice of India DY Chandrachud for an urgent listing, Solicitor General of India Tushar Mehta stated that the conviction of an MP had been suspended by the High Court. The petition is ordered to be listed by CJI, next week. 

On January 25, a single bench of the Kerala High Court overturned Faizal's conviction and postponed his removal from office. The dates for the bye-elections in Lakshadweep had been issued by the Election Commission of India in the meantime. The ECI informed the Supreme Court on January 28 that it will follow the High Court's judgement postponing the conviction.

"....the consequence of not suspending the conviction of the second accused is drastic not only for the second petitioner but even for the nation. The cumbersome process of elections will have to be started, and the exorbitant cost of a Parliamentary election will have to be borne by the nation and indirectly by the people of this Country. The enormity of administrative exercises required for the conduct of an election will inevitably lead to various developmental activities in the Union Territory of Lakshadweep coming to a halt for a few weeks atleast. Despite all these exercises and financial burdens, the maximum period for which the elected candidate can function will beonly a period less than fifteen months", In its order, the High Court made a statement. 

Three other accused parties' convictions were suspended by the High Court, but not their sentences.

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