Lakshadweep challenges Kerala HC’s keep of ex-MP Mohammed Faizal’s conviction
3 min read
Express News Service
NEW DELHI: The Supreme Court on Monday posted for February 6 a plea by the Union Territory of Lakshadweep difficult Kerala HCs order of staying the conviction of former Lakshadweep MP Mohammed Faizal in an try and homicide the case.
The plea was talked about by Solicitor General Tushar Mehta earlier than a bench led by CJI DY Chandrachud. Urging the bench to checklist the plea, Mehta stated, “It is a matter where the conviction of an MP has been stayed by the High Court.”
Faizal and the three different accused individuals had been convicted for offences punishable beneath Sections 143, 147, 148, 448, 427, 324, 342, 307, 506 r/w 149 of IPC and sentenced by the Sessions Court to endure 10 years of rigorous imprisonment and in addition imposed a high quality of Rs one lakh every on the convicts for trying to kill Mohammed Salih, son-in-law of former Union Minister P M Sayeed, through the 2009 Lok Sabha polls. He subsequently was additionally 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 famous that the accused within the case had not used harmful weapons and that the wound certificates didn’t point out any severe accidents.
“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. As a constitutional court, it is the bounden duty to advance the constitutional objectives, including purity in politics. 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 by this court. The societal interest and the need to have purity in politics and elections will have to be balanced,” HC famous in its order.
Recording ECI’s assertion that it might think about Kerala HCs ruling of staying former Lakshadweep MP Mohammed Faisal’s conviction, SC on Friday had disposed Faisal’s plea difficult ECI’s press launch asserting by-elections for his constituency.
NEW DELHI: The Supreme Court on Monday posted for February 6 a plea by the Union Territory of Lakshadweep difficult Kerala HCs order of staying the conviction of former Lakshadweep MP Mohammed Faizal in an try and homicide the case.
The plea was talked about by Solicitor General Tushar Mehta earlier than a bench led by CJI DY Chandrachud. Urging the bench to checklist the plea, Mehta stated, “It is a matter where the conviction of an MP has been stayed by the High Court.”
Faizal and the three different accused individuals had been convicted for offences punishable beneath Sections 143, 147, 148, 448, 427, 324, 342, 307, 506 r/w 149 of IPC and sentenced by the Sessions Court to endure 10 years of rigorous imprisonment and in addition imposed a high quality of Rs one lakh every on the convicts for trying to kill Mohammed Salih, son-in-law of former Union Minister P M Sayeed, through the 2009 Lok Sabha polls. He subsequently was additionally 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 famous that the accused within the case had not used harmful weapons and that the wound certificates didn’t point out any severe accidents.
“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. As a constitutional court, it is the bounden duty to advance the constitutional objectives, including purity in politics. 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 by this court. The societal interest and the need to have purity in politics and elections will have to be balanced,” HC famous in its order.
Recording ECI’s assertion that it might think about Kerala HCs ruling of staying former Lakshadweep MP Mohammed Faisal’s conviction, SC on Friday had disposed Faisal’s plea difficult ECI’s press launch asserting by-elections for his constituency.
