New Delhi: On January 13 this year, PP Mohammad Faizal, leader of the Nationalist Congress Party, was sentenced to 10 years in prison in a case of attempt to murder. The case, which prosecutors called a “politically motivated” attack, pertains to 2009.
As a result, Member of Parliament from Lakshadweep Faizal was immediately disqualified from the Lok Sabha. Although his conviction has been suspended by the Kerala High Court, he and his party are still fighting to get it overturned and are even preparing to go to court. Supreme Court.
This matter holds special significance in the light of Congress leader Rahul Gandhi. disqualification Lok Sabha in criminal defamation case
On Thursday – a day after Gandhi was convicted and sentenced to two years in prison by a Surat court – the Lok Sabha secretariat issued a notification saying that the Congress leader, an MP from Wayanad, would be are ineligible.
Both the disqualifications were made under Article 102(1)(e) (disqualification of MPs) of the Constitution of India read with section 8 of the Representation of the People Act, 1951 – a provision of law which states that no person who has been convicted for a term is held liable for a term of imprisonment for a term of two years or more and is disqualified from Parliament for a further term of six years.
The Congress party has since said it will appeal the decision.
But Faizal’s case shows that mere suspension of a guilty verdict may not be sufficient to set aside the disqualification.
Faisal, who is set to move the Supreme Court if there is no decision on his disqualification by Monday, told ThePrint about his case, “There is a lot of political motivation in this.” “The Lok Sabha speaker disqualified me within a day of the court order, but is not ready to take a decision after my sentence is suspended”.
He said, “My leader Supriya Sule and I met the Lok Sabha Speaker yesterday (Friday) and the Speaker has assured us of a decision on Monday. But if there is no decision on Monday, there is no way other than going to the (Supreme) Court.” There will be no option left.
Constitutional expert and former Secretary General of Lok Sabha PDT Acharya said that disqualification arises out of punishment and punishment.
“If the sentence is two years (and above), they will be disqualified,” he told ThePrint. “The court can only convict and sentence. Disqualification is an after effect. When a person is convicted and sentenced, then the law will work.
ThePrint reached the Lok Sabha Speaker’s office and the Lok Sabha Secretariat for their comments by phone, email and text messages, This report will be updated when a response is received.
What happened
On January 11, the district court in Kavaratti found Faisal, the then Lakshadweep MP, and three others guilty of assaulting the former’s son-in-law, Mohammad Salih. During the 2009 general election, Union Minister P.M. Sayed. The court had sentenced Faisal to 10 years imprisonment in this case.
on January 13The Ethics Committee of the Lok Sabha decided to disqualify the Nationalist Congress Party (NCP) MP.
The Lok Sabha bulletin on the subject read: “Member of the Lok Sabha representing the Lakshadweep Parliamentary Constituency of the Union Territory of Lakshadweep has been disqualified from the membership of the Lok Sabha, consequent to his conviction by the Sessions Court of Kavaratti, Lakshadweep The date of his conviction i.e. 11th January, 2023 as per the provisions of Article 102(1)(e) of the Constitution of India read with Section 8 of the Representation of the People Act, 1951.
However, on 25 January, the Kerala High Court stayed the conviction and suspended the conviction pending disposal of Faesal’s appeal.
In its Orderthe court said: “The second petitioner, as mentioned above, was a serving Member of Parliament from 2014 till the date of his conviction i.e. 11-01-2023. The prosecution case took place 13 years ago, in 2009 One relates to an incident when the second petitioner was not a Member of Parliament.
The court order states that if the sentence is not suspended, the election to the constituency will become inevitable.
“If the election to the constituency of Lakshadweep is to be held immediately on account of the conviction and consequential disqualification of the second petitioner, the financial burden on the government and indirectly on the people is enormous,” the court said, adding the result The circumstances cannot be ignored and this case falls under the category of rare and exceptional circumstances, due to which the conviction may be suspended.
Prior to the issuance of the court order, the Election Commission of India had issued a notification for the bye-election for the Lakshadweep parliamentary constituency. But it was withdrawn after Faesal moved the Supreme Court, which refused to stay the High Court order.
what next for faisal
Faizal told ThePrint that he and NCP chief Sharad Pawar had met Lok Sabha Speaker Om Birla in January following the High Court order. He said the Speaker had then told him that he would take legal opinion.
But since then no decision has been taken.
“I am a member of the Lok Sabha from Lakshadweep,” he said. “HC has suspended my conviction and sentence. Now my disqualification (from Lok Sabha) also stands cancelled. But the Lok Sabha Speaker is not issuing any order for my repeal.”
Former Lok Sabha secretary-general PDT Acharya told ThePrint that disqualification from Parliament stands revoked as soon as the high court stays the conviction.
He said: “Earlier, MPs had a window of three months and the disqualification did not take effect (during that time). Which was rejected by Supreme Court Lily Thomas (2013). Now this benefit of three months is over. This means that disqualification will follow immediately.
The former civil servant was referring to the landmark case of 2013, Lily Thomas Vs Union Of India And Ors.,
In that case, the court had given three months for the lawmakers to Under Section 8(4) of the Representation of the People Act unconstitutional, Saying He The Indian Constitution was clear on immediate disqualification.
Acharya said that in the case of Congress leader Rahul Gandhi, “If Supreme Court reduces sentence, disqualification will not take effect”.
(Edited by Uttara Ramaswamy)