KOCHI: The High Court has rejected the plea of Lakshadweep MP Mohammad Faisal to suspend the order of the Lakshadweep court that found him guilty of attempting to kill former Union Minister PM Sayeed's son-in-law Mohammad Swalih. The action is based on the assessment that there is prima facie evidence for Mohammad Faisal's actions. With this, Mohammad Faisal, who is again disqualified under the Representation of the People Act, cannot continue as an MP. At the same time, the High Court suspended the ten-year prison sentence awarded by the Lakshadweep court to the four accused, including Faisal. Justice N Nagaresh's interim order was hearing the appeal filed by the accused. The appeal will be heard in detail and then the verdict will be given.

The case is as follows

Swalih was attacked during the Lok Sabha elections in April 2009. In the case where there were 37 accused, one to four accused Syed Mohammad Nurul Amir, Mohammad Faisal, Muhammad Hussain Thangal and Muhammad Basheer Thangal were sentenced to ten years in prison each with a fine of one lakh rupees each. Mohammad Faisal was thus disqualified under the Representation of the People Act.

On the appeal of the accused, the High Court suspended the sentence and granted bail. The single bench observed that holding the by-elections in Lakshadweep would cost a lot and the winner would have a tenure of less than one-and-a-half years. With this, Faisal's disqualification was removed.

In the appeal filed by the Lakshadweep administration and Swalih against this, the Supreme Court quashed the order of the High Court and ordered to reconsider the appeal. The Supreme Court intervened by holding that the fact that a by-election would be required was not a sufficient reason to suspend the sentence.

High Court observation

There are three other cases against Mohammad Faisal. Allowing a person with a criminal background to continue as an MP or MLA even after being found guilty by a trial court will send a wrong message to the general public.