Thread by @barandbench

Kerala High Court will soon deliver its order on the application moved by NCP leader and now former MP from Lakshadweep, Mohammed Faizal, to suspend the conviction and 10yr sentence imposed on him by a Kavaratti court for attempt to murder.
barandbench.com/news/lakshadwe…

Faizal along with three others were convicted for attempting to murder Padanath Salih, son-in-law of former Union Minister PM Sayeed, in relation to some political controversy during the 2009 Lok Sabha elections.

Lakshadweep police opposed the applications to suspend sentence and conviction and pointed out that Faizal is involved in two other serious crimes as well.
barandbench.com/news/law-break…

Justice Bechu Kurian Thomas will deliver the verdict

#BREAKING

Kerala High Court suspends the CONVICTION AND SENTENCE imposed on Lakshadweep MP Mohammed Faizal for attempt to murder

HC ORDER : 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

HC : As a constitutional court it is the bounden duty to advance constitutional objectives including purity in politics. However these lofty principles cannot be the basis to deny the application of rule of law

#mohammedfaizal #keralahighcourt

HC : 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 ignored by this court

#mohammedfaizal #keralahighcourt

HC : the societal interest and need to have purity in politics will have to be balanced. In this context the circumstances of the appeal is a statutory right and under S393 CrPC finality is attached only to the appellate court decision assumes significance

#mohammedfaizal

HC : on consideration of the legal and other circumstances and the special features arising in this case especially those relating to the second petitioner (#mohammedfaizal ) this court is of the view that his case falls in category of rare, exceptional circumstances

HC : the ramifications of not suspending the conviction are enormous and this court is of the view that the conviction and sentence of 10 year imprisonment imposed on Faizal should be suspended until disposal of the appeal

#mohammedfaizal #keralahighcourt

HC : the consequence of not suspending his (#mohammedfaizal ) conviction is drastic not only for him but also for the nation. A cumbersome process of election will have to be started and its exorbitant cost will have to be borne by the nation and by the people of this country

HC : the enormity of administrative exercises req for the conduct of election will inevitably lead to various developmental activities in Lakshadweep coming to a halt for a few weeks at least

#mohammedfaizal #keralahighcourt

HC : despite all these exercises and financial burdens, the max period for which the elected candidate can function will be less than 15 months.

#mohammedfaizal #keralahighcourt

Kerala High Court suspends sentence of the other three petitioners but not their conviction.
#mohammedfaizal #keralahighcourt