New Delhi | The Supreme Court Friday agreed to hear on January 27 the plea of Mohammed Faizal, who was disqualified as Lok Sabha MP following his conviction in an attempt to murder case, challenging the Election Commission's press note announcing conduct of by-election in his erstwhile Lakshadweep constituency.
A bench of Chief Justice DY Chandrachud and Justice PS Narasimha took note of the submissions of senior advocate Kapil Sibal, appearing for Faizal, that he wanted the Kerala High Court to decide on his plea for suspension of conviction and sentence before the by-election is notified.
“We filed the application before the Kerala High Court. We just want the high Court to decide it soon, otherwise the by-elections will be notified," the senior lawyer said.
Faizal, in his petition, said by the impugned “Press Note” the poll panel is proposing to fill the seat without awaiting the outcome of his plea for stay of conviction and sentence in the high court. He has contended the EC's statement is “arbitrary, unlawful and mala fide”.
The Election Commission had said on January 18 the bypoll to the Lakshadweep Lok Sabha seat, which fell vacant following the disqualification of the Nationalist Congress Party (NCP) leader, will be held on February 27 along with the by-elections to six Assembly seats spread over five states.
The Kerala High Court had on January 18 called for the trial court records in connection with the conviction and 10-year sentence of the former MP and three others, including his brother, in an attempted murder case.
The Union Territory (UT) of Lakshadweep had opposed the plea for suspension of the sentence of the convicts.
It had contended that granting any relief to the convicts like releasing them on bail will "shake the people's faith in the judicial process".
It had also said the offence committed by Faizal and his brother, who was a teacher in a government school, had shocked the society of the archipelago where very few crimes are reported.
Therefore, their release will send a wrong message to the society, the island administration had said.
Faizal's brother Sayed Mohammed Nurul Ameen, according to eyewitnesses, was the one who exhorted to kill the injured Mohammed Salih, son-in-law of late Congress leader and former Union minister P M Sayeed, during the 2009 Lok Sabha polls, the UT administration had said.
It had also alleged the disqualified MP had "a criminal bent of mind" and there were other criminal cases against him including two being probed by the CBI