Lakshadweep MP Mohammed Faizal to continue as MP: SC set aside Kerala HC’s order and ask for a fresh decision

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Today, the Supreme Court (SC) of India set aside the order of the Kerala High Court that suspends the conviction of Lok Sabha MP Mohammed Faizal (representing Lakshadweep) in an attempt to murder case. Also, the bench ordered the Kerala HC to take a fresh decision regarding the matter within six weeks. The SC bench hearing the matter includes Justice BV Nagarathna and Justice Ujjal Bhuyan. While remitting the case, the Supreme Court stated that the suspension of conviction continues till a fresh decision is passed by the High Court which further enables Faizal to continue as MP representing Lakshadweep. The bench also said that “the High Court has not considered the true position of law with respect to the manner in which application for a stay on conviction has to be considered.” It added, “The HC ought to have considered the application in proper perspective & bearing in mind various judgments of this court.” After hearing the contentions, the SC bench ordered, “On this short ground, we set aside the impugned order and remand back to the High Court. However, we find that till this order [Faizal] has continued to remain an MP and has discharged all his duties. Since we are remanding for reconsideration, at this stage, it would not be proper to create a vacuum since we are requesting HC to dispose of the application within 6 weeks.”