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Kerala HC suspends conviction of Lakshadweep MP in an attempt to murder case 

Kerala HC suspends conviction of Lakshadweep MP in an attempt to murder case 

Kerala HC suspends conviction of Lakshadweep MP in an attempt to murder case 
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By Anushka Sharma  Jan 25, 2023 3:37:27 PM IST (Published)

The conviction was delivered by the Kavaratti Sessions Court on January 11, which had sentenced 10 years in prison and imposed a fine of Rs one lakh each, for an attempt to murder Mohammed Salih, son-in-law of late Congress leader and former Union Minister P M Sayeed.

The Kerala High Court suspended the conviction of Lakshadweep MP Mohammed Faizal in an attempt to murder case on Wednesday. The court extended the same relief to three other convicts, including Faizal’s brother, Sayed Mohammed Nurul Ameen, in the case.

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There were 37 accused in the case. Of them, two had died and the trial had abated against them. Of the remaining 35, four persons -- including the disqualified MP and his brother -- were convicted and sentenced to 10 years imprisonment, while the rest were acquitted
On January 11, the Kavaratti sessions court had sentenced 10 years in prison and imposed a fine of Rs one lakh each on the accused, for an attempt to murder Mohammed Salih, son-in-law of late Congress leader and former Union Minister PM Sayeed.
A bench led by Justice Bechu Kurian Thomas, in its order, said that the decriminalisation of politics is an essential requirement of every democracy and it is necessary that purity in politics and consequently democracy is required to be infused.
"As a Constitutional Court, it is the duty to advance the Constitutional objectives including purity in politics, however, those lofty principles cannot be the reason for denying the applications 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 a fresh election is conducted cannot be brushed aside by the Court," the court said.
The court noted that the case of the second petitioner falls within the category of rare and exceptional circumstances. "The ramification of not suspending the conviction and sentence awarded to Mohammed Faizal was enormous and drastic and conviction and sentence of imprisonment imposed upon accused Mohammed Faizal must be suspended until dismissed with the appeal," it said.
Meanwhile, the Union Territory (UT) of Lakshadweep had opposed suspension of sentence of the convicts, saying that granting them the relief would "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 island archipelago where few crimes are reported.
The Election Commission has scheduled a by poll to Lakshadweep Parliamentary constituency for February 27, without waiting for the outcome of the Appeal filed by Faisal with the High Court against his native court conviction. Meanwhile,  Lok Sabha disqualified Faizal after his conviction by the Session court.
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