Faizal's disqualification from LS revoked but SC adds a new twist
Hindustan Times|March 30, 2023
NEW DELHI: The Lok Sabha secretariat on Wednesday restored the membership of Lakshadweep's MP Mohammad Faizal on the basis of a Kerala high court order staying his conviction in a criminal case. But hours later, the Supreme Court decided to examine the correctness of the stay order, making observations that added a new twist to the saga.
Abraham Thomas
Faizal's disqualification from LS revoked but SC adds a new twist

Faizal, a Nationalist Congress Party (NCP) leader, was sentenced to 10 years in jail by a trial court on January 11 in a 2009 attempt to murder case involving Mohammad Salih, the son-in-law of former Union minister and late Congress leader PM Sayeed.

But on January 25, the Kerala high court stayed the conviction on the grounds that it will force yet another election and unnecessarily burden the exchequer.

On Wednesday, a Supreme Court bench of justices KM Joseph and BV Nagarathna, however, stressed that the high court order will require a deeper examination on whether the evidence and nature of injuries was looked into by the high court as the victim suffered 16 injuries and that too by sharp-edged weapons and iron rods. "The high court saying election expenditure will be increased has nothing to do with the issue," it added.

The bench also wondered if rules should be different for common people and lawmakers. "It is only in exceptional cases that a court should stay conviction. This should not be a run of the mill case where you ask and get a stay... There cannot be different rules for an MP or an MLA and a common man," it said.

This story is from the March 30, 2023 edition of Hindustan Times.

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This story is from the March 30, 2023 edition of Hindustan Times.

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