Lakshadweep Lok Sabha MP Mohammed Faizal Reinstated for the Second Time

The NCP leader was disqualified on October 4 for the second time after the Kerala high court refused to stay his conviction in the 2009 case.

New Delhi: The Lok Sabha Secretariat on Thursday (November 2) restored the membership of Lakshadweep MP Mohammed Faizal after the Supreme Court suspended his conviction in an attempt to murder case last month.

The Nationalist Congress Party (NCP) leader had been disqualified after a Lakshadweep sessions court had convicted him in January this year for attempting to murder Padanath Salih, the son-in-law of former Union minister and Congress leader P.M. Sayeed, during the 2009 Lok Sabha elections.

Faizal’s disqualification from the House has “ceased to operate subject to further judicial pronouncements”, a notification issued by Lok Sabha Secretary General Utpal Kumar Singh said.

On November 1, NCP leader Supriya Sule wrote to Lok Sabha Speaker Om Prakash Birla, seeking Faizal’s reinstatement on the grounds that it had been 23 days since the apex court ordered his reinstatement, Times of India reported.

Citing the Supreme Court order, she said that the Lok Sabha Secretariat’s failure to act on the apex court’s directions was “depriving Lakshadweep of its rightful representation”.

Faizal was first disqualified as an MP on January 11, following his sentencing to 10 years’ imprisonment and a fine of Rs 1 lakh by a sessions court in Kavaratti, the Indian Express reported.

After his initial disqualification from the Lok Sabha, Faizal had challenged the verdict in the Kerala high court, which suspended his conviction and sentence on January 25. The thrust of the court’s order was on the expenditure to the exchequer that the by-election would cause. He was eventually reinstated as a member of the Lok Sabha, The Wire had reported.

In August, the Supreme Court set aside that order, asking the high court to consider the matter afresh. It said that if the high court’s reasoning was allowed to stand, the conviction and sentence of every elected politician would have to be suspended to avoid the financial burden of by-elections.

He was disqualified on October 4 for the second time after the Kerala high court refused to stay his conviction in the 2009 case.

According to the Times of India, Faizal attended both the monsoon session and parliament’s special session that passed the Women’s Reservation Bill, where he voted in favour of the legislation along with the other NCP MPs.

However, on October 9, a Supreme Court bench of Justices Hrishikesh Roy and Sanjay Karol stayed the Kerala high court’s order, LiveLaw reported.

The bench said that the top court’s August 22 order in the matter would take effect. The order specified that the benefit of suspension of Faizal’s conviction would continue while the matter was remanded to the high court.

NCP’s Mohammed Faizal to Continue in Lok Sabha After Supreme Court Stays Kerala HC Order

The court also sought responses from the Lakshadweep administration and the complainants in the case.

New Delhi: The Supreme Court on Monday (October 9) stayed a Kerala high court order which had refused to suspend the conviction of Mohammed Faizal, the disqualified Nationalist Congress Party (NCP) Lakshadweep MP, in an attempt to murder case.

With this decision, the bench of Justices Hrishikesh Roy and Sanjay Karol effectively restored Faizal’s Lok Sabha membership. The court also sought responses from the Lakshadweep administration and the complainants in the case, Bar and Bench reported.

Faizal had October 4 been disqualified as the Lok Sabha member from Lakshadweep following the Kerala high court’s refusal the day before to suspend his conviction.

In January this year, Faizal and three others were convicted for attempting to murder a Congress leader’s son-in-law during the 2009 general elections. The court sentenced him to 10 years in jail, which led to his automatic disqualification from the Lok Sabha. A couple of weeks later, another single-judge bench of the Kerala high court suspended his conviction. The thrust of the court’s order was on the expenditure to the exchequer that the by-election would cause. He was eventually reinstated as a member of the Lok Sabha.

In August, the Supreme Court set aside that order, asking the high court to consider the matter afresh. It said that if the high court’s reasoning was allowed to stand, the conviction and sentence of every elected politician would have to be suspended to avoid the financial burden of bye-elections.

On October 3, the high court once again refused to suspend his conviction but suspended the sentence.

Faizal’s lawyer Kapil Sibal has argued that the incident was a fight between Congress and NCP workers, and that the witnesses were all Congress workers and there are no independent witnesses.

Mohammed Faizal Disqualified as Lakshadweep MP a Day After Kerala HC Refused To Stay Conviction

The court said that criminalisation of election process is of grave concern to democracy and if persons with criminal antecedents are permitted to continue as elected representatives, that would only send wrong signals to public at large.

New Delhi: Mohammed Faizal was on Wednesday, October 4, disqualified as the Lok Sabha member from Lakshadweep following the Kerala high court’s refusal on Tuesday to suspend his conviction in an attempt to murder case.

“In view of order dated 03.10.2023 of the Hon’ble High Court of Kerala, Shri Mohammed Faizal P.P., Member of Lok Sabha representing the Lakshadweep Parliamentary Constituency of the Union Territory of Lakshadweep, stands disqualified from the membership of Lok Sabha from the date of his conviction, i.e. 11th January, 2023,” a Lok Sabha Secretariat bulletin stated.

This is the second time that the Nationalist Congress Party (NCP) leader has been disqualified.

On Tuesday, the high court refused to suspend his conviction but suspended the sentence.

According to LiveLaw, Justice N. Nagaresh said that criminalisation of the election process is of grave concern to democracy and if persons with criminal antecedents are permitted to continue as elected representatives even after conviction by a competent court, “that would only send wrong signals to public at large”.

The judge said that a conviction can only be suspended under section 389 of the Code of Criminal Procedure (CrPC) if the Court was satisfied that the case was frivolous. He said conviction can be suspended if the court is satisfied that the convicted person “does not suffer from a certain disqualification or damage that cannot be undone” only in rare cases, under special circumstances.

The high court relied on the Supreme Court’s recent decision to suspend the conviction of Rahul Gandhi, which said that conviction “cannot be suspended by only looking at the ramifications” but after considering all relevant aspects.

In January this year, Faizal and three others were convicted for attempting to murder a Congress leader’s son-in-law during the 2009 general elections. The court sentenced him to 10 years in jail, which led to his automatic disqualification from the Lok Sabha. A couple of weeks later, another single-judge bench of the Kerala high court suspended his conviction. The thrust of the court’s order was on the expenditure to the exchequer that the by-election would cause. He was eventually reinstated as a member of the Lok Sabha.

In August, the Supreme Court set aside that order, asking the high court to consider the matter afresh. It said that if the high court’s reasoning was allowed to stand, the conviction and sentence of every elected politician would have to be suspended to avoid the financial burden of bye-elections.

Note: This article was originally published at 6:44 pm on October 3, 2023 and republished at 10:05 pm on October 4, 2023 after Faizal was disqualified as an MP.

SC Sets Aside Order Suspending Conviction of Lakshadweep MP, Sends Plea Back to Kerala HC

The top court said Mohammed Faizal, a Nationalist Congress Party leader, can continue as a member of the Lok Sabha and will continue to have the benefit of the suspension of conviction until the high court disposes of the application.

New Delhi: The Supreme Court on Tuesday, August 22, set aside an order of the Kerala high court which suspended the conviction of Lakshadweep MP Mohammed Faizal in an attempt to murder case, asking the court to take a fresh decision on the matter within six weeks.

According to LiveLaw, the bench of Justices B.V. Nagarathna and Ujjal Bhuyan said the Nationalist Congress Party (NCP) leader can continue as a member of the Lok Sabha and will continue to have the benefit of the suspension of conviction until the high court disposes of the application.

In January this year, Faizal and three others were convicted for attempting to murder the son-in-law of a Congress leader during the 2009 Lok Sabha polls. He was sentenced to 10 years in jail, which meant that he was automatically disqualified from the Lok Sabha. The NCP leader received a reprieve when a single-judge bench of the Kerala high court suspended his conviction.

On Tuesday, the Justice Nagarathna-led bench observed that while suspending the conviction and sentence, the high court “had not considered the true position of law with respect to the manner in which an application for a stay on conviction must be considered”. The top court said that the HC’s thrust was on the prospect of conducting a fresh election and the concomitant expenses to the exchequer.

This, the Supreme Court said according to LiveLaw, “should not have been the sole factor to suspend the conviction”.

The single-judge HC bench of Justice Bechu Kurian Thomas had suspended Faizal’s sentence soon after the Election Commission declared plans to hold a by-poll to fill the resultant vacancy. Justice Thomas expressed concerns about the “associated expenditures and observed that the newly elected candidate would be able to function only for a period less than fifteen months”.

The order was appealed by both the administration of the Union Territory of Lakshadweep and the complainant who accused the parliamentarian of attempting to murder him. It was in this appeal that the top court’s order on Tuesday was delivered.

While the Lok Sabha secretariat acted swiftly to disqualify his membership after the conviction, it was only restored over two months after the HC order and hours before the Supreme Court was to hear Faizal’s appeal about the delay.

Ahead of SC Hearing, Mohammed Faizal’s Membership of Lok Sabha Restored

The NCP leader, elected from Lakshadweep, was disqualified after his conviction and sentencing in an attempt to murder case. Despite the Kerala high court suspending the conviction and sentence, the Lok Sabha secretariat did not withdraw the disqualification order.

New Delhi: The Lok Sabha secretariat on Wednesday, March 29, restored the Lok Sabha membership of Lakshadweep’s Mohammed Faizal, which it had cancelled after his conviction and sentencing in an attempt to murder case.

Notification issued by the Lok Sabha Secretariat on March 29, 2023 restoring Mohammed Faizal’s membership of the Lok Sabha. Photo: By arrangement

Faizal, a Nationalist Congress Party (NCP) leader, had recently moved the Supreme Court challenging the Secretariat’s delay in restoring his membership despite his getting a suspension on the conviction and sentencing by the Kerala high court.

On January 11, a sessions court in Kavaratti, the capital of Lakshadweep, sentenced Faizal to 10 years in jail and imposed a fine of Rs one lakh for attempting to kill Mohammed Salih, the son-in-law of late Congress leader and former Union minister P.M. Sayeed, during the 2009 Lok Sabha polls.

On January 13, the secretariat disqualified his membership of the Lok Sabha.

According to Section 8(3) of the Representation of the People Act, 1951, if an MP, MLA or MLC is convicted of any offence and is sentenced for at least two years, he attracts disqualification and “shall be disqualified from the date of such conviction and shall continue to be disqualified for a further period of six years since his release”.

However, if the legislator is able to get the conviction and sentence suspended within 30 days, their disqualification is reversed.

While the Kerala high court on January 25 suspended the conviction and 10-year sentence of Faizal, the  Lok Sabha secretariat did not restore his membership.

Recently moving the Supreme Court against the delay in restoring his membership, Faizal had said, “The petitioner is constrained to invoke the extraordinary jurisdiction of this court under Article 32 of the Constitution of India, against the unlawful inaction on the part of the respondent, Secretary General of the Lok Sabha Secretariat in not withdrawing the notification dated January 13, 2023, whereby the petitioner was disqualified from his membership of parliament from the Lakshadweep parliamentary constituency.”

On Tuesday, the Supreme Court, while considering the petition, asked if the right to represent a constituency is a fundamental right. The matter was listed for hearing on Wednesday before a bench of Justices K.M. Joseph and B.V. Nagarathna. Before the hearing, however, the Lok Sabha secretariat issued a gazette notification restoring Faizal’s membership.

“In view of order dated 25.01.2023 of the High Court of Kerala, the disqualification of Shri Mohammed Faizal P. P., notified vide Gazette Notification no. 21/4(1)/2023/TO(B) dated the 13th January, 2023 in terms of the provisions of Article 102(1)(el of the Constitution of India read with Section 8 of the Representation of the People Act, 1951, has ceased to operate subject to further judicial pronouncements,” the notification said.

Lakshadweep MP Moves SC Against Non-Withdrawal of Notice Disqualifying Him

On January 11, a local court had convicted Mohammed Faizal in an attempt to murder case. On January 25, the Kerala high court suspended the conviction. Despite that, the Lok Sabha Secretariat hasn’t yet withdrawn his disqualification notice.

New Delhi: Disqualified Lakshadweep MP Mohammed Faizal has moved the Supreme Court against the Lok Sabha Secretariat for not withdrawing a notification disqualifying him as a member of parliament, despite a high court order staying his conviction in an attempt to murder case, news agency PTI reported.

On January 11, a Kavaratti sessions court had sentenced Faizal to 10 years in jail and imposed a fine of Rs one lakh, for attempting to kill Mohammed Salih, son-in-law of late Congress leader and former Union minister P.M. Sayeed, during the 2009 Lok Sabha polls.

Faizal, who is a Nationalist Congress Party leader, was disqualified from the membership of Lok Sabha after his conviction, the Indian Express reported.

The Kerala high court on January 25 suspended the conviction and 10-year sentence of Faizal.

The Union Territory of Lakshadweep had then moved the apex court challenging the high court order.

Also read: Lakshadweep MP’s Conviction Should Serve as a Stark Reminder to Democratise Governance in UTs

In his petition filed in the apex court, Faizal said the Lok Sabha Secretariat failed to withdraw the notification despite the fact that his conviction was stayed by the high court on January 25, the news agency reported.

“The petitioner is constrained to invoke the extraordinary jurisdiction of this court under Article 32 of the Constitution of India, against the unlawful inaction on the part of the respondent, Secretary General of the Lok Sabha Secretariat in not withdrawing the notification dated January 13, 2023, whereby the petitioner was disqualified from his membership of parliament from the Lakshadweep parliamentary constituency,” the plea said.

It further claimed that the respondent’s inaction is in the “teeth of the settled law” that disqualification incurred by a member of parliament under section 8 of the Representation of the People Act, 1951, ceases to operate if the conviction is stayed by the appellate court under section 389 of the Code of Criminal Procedure.

Both Faizal and the NCP leader in Lok Sabha Supriya Sule had written to the Lok Sabha speaker at least a month back seeking that his disqualification be revoked officially, the Hindu reported.

As Fresh Protests Emerge, Lakshadweep Admin Uses FIR, Notices Against Dissenters

The Praful Patel administration’s decision to hike the fare for public transport and essential services, including passenger ships and air ambulances, has attracted widespread criticism.

Kozhikode: As the union territory of Lakshadweep started to witness fresh protests against “unpopular” decisions of its administration, the authorities appear to be using intimidation tactics to silence the critics.

The Lakshadweep police have booked its Lok Sabha member, Mohammed Faizal, for “public nuisance”, after the MP protested an unpopular transport fare hike announced by the UT administration.

In a separate incident, the director of the education department issued a notice to school principals seeking details for student protestors, for apparently taking disciplinary action against those who held a strike demanding restoration of scholarships.

Faizal, the only MP from the islands and a leader of the Nationalist Congress Party (NCP), has been booked under Sections 188, 268, 269 and 270 of Indian Penal Code and Section 51(a) of the Disaster Management Act, 2005.

These provisions deal with “public nuisance”, “disobedience to order duly promulgated by public servant” and “negligent act likely to spread infection of disease dangerous to life”, among others.

On November 10, the MP and a group of around 20 NCP activists in Lakshadweep held a protest event at Kavaratti island, the UT’s capital, to protest the fare hike recently announced by the administration in public transport and essential services, including passenger ships and air ambulances.

Lakshadweep leaders and other civilians say the fare hike would further deteriorate the living conditions of the islanders. The economy of this archipelago has been affected due to the COVID-19 crisis, a resident told The Wire. He also said the administration’s recent decisions to terminate hundreds of employees made the situation worse.

In Lakshadweep, where the inhabited islands are scattered in the Arabian Sea and which has very limited health infrastructure, air ambulances are an essential service.

Also read: Experts Write to President to Withdraw ‘Incautious’ Draft Lakshadweep Regulation 2021

According to the increased fares, a Lakshadweep family will now have to pay Rs 30,000-50,000 to move a patient who requires emergency medical treatment to Kerala, the nearest destination, through air travel. This includes tickets for the patient and two helpers. There are slight differences among the fares from different islands.

Among the ship fares, the ticket rate for ‘bunk’, the lowest class in a passenger vessel, has been increased by 50%. The ‘bunk’ class fare from Kochi to Kavaratti has been increased from Rs 220 to Rs 330.

The first and second class tickets in passenger ships also saw a significant fare increase, according to a native of the islands. “This will severely affect ordinary people because they are already struggling financially,” he added.

A Lakshadweep local will have to pay Rs 1,300 and Rs 3,510 for second class and first class tickets, respectively, to travel from Kochi to Kavaratti. The fare is even higher to more distant islands, like Bitra and Chetlat. The second and first class ticket fares from Kochi to Bitra are Rs 1,500 and Rs 4,130, respectively.

Lakshadweep natives regularly travel to Kochi and other sea ports in south India, like Beypore and Mangalore, as they rely heavily on the mainland for education, trade, health care and job.

The fares for non-local travellers are even higher. Lok Sabha member Faizal told The Wire that the increase in the ticket fares vary from 10% to more than 100%.

According to different sources in Lakshadweep, the current fare hike is nightmarish for the common people because of a number of reasons. They pointed towards a “widespread economic crisis” in the islands, caused by both the pandemic and unpopular “administrative reforms” by the Praful Patel administration, including dismissal of hundreds of contractual employees in various government departments.

According to Faizal, “nearly 2,000 contract employees have been laid off by this administration”. He also said the terminations took place in the midst of the pandemic, “when everyone was struggling financially”. “This is something that only a hard-hearted person can do,” he added.

Targeting students

The FIR against the Lok Sabha member, for a peaceful protest event, is apparently only the latest in a series of intimidation tactics used by the UT administration.

On November 17, the director of the education department issued a bizarre notice to the school principals in Lakshadweep. The notice, issued by Vishal Sah IAS, sought details of the students who attended a recent protest demanding reinstatement of educational scholarships, restoration of study tours, and appointment in vacant teaching posts.

The protest and boycott of classes were held in all the 10 islands under the banner of Lakshadweep Students Association (LSA), on November 15.

The notice from the director of the education department.

The letter from the director said “willful absence from classes is an act of indiscipline which shall be taken seriously by the authorities”. It also directed the principals and headmasters “to obtain the list of students who were involved” in the strike. The director concluded his letter asking the principals “to submit the list of students who were involved in the said strike by 6 pm today itself (17.11.2021) without fail”.

Faizal said the administration has now “started to target students who raise voice for their rights”. “Peaceful protest is a constitutional right. But this too is being threatened here. This is what is happening in Lakshadweep today.”

The fare hike – another contentious move by Patel administration

The NCP’s protest event was held in Lakshadweep to protest the fare hike, which is the latest among a series of unpopular, unilateral decisions taken by the Lakshadweep administration, which is now controlled by its unelected head Praful Khoda Patel, a Bharatiya Janata Party leader from Gujarat.

The latest fare hike has been ordered by the department of port shipping and aviation of the Lakshadweep administration.

Watch: ‘Anti-Muslim Prejudice, Ignorance Behind New Policies’: Lakshadweep Ex-Administrator

Faizal told The Wire that “there was no change in the fare for air ambulance, whenever the sea and air fares were enhanced in the past”.

Unlike how the fares were increased in the past, the current hike was not discussed with the elected representatives of the islands, like the Lok Sabha member and head of the district panchayat.

Faizal said the islanders are “compelled to evacuate some patients to mainland because there’s no adequate health facility in Lakshadweep”. “So, ideally, the government should not have charged anything from the patients for this,” he added.

“Evacuation of a patient requiring immediate medical treatment is government’s responsibility. It’s a right of the citizen to get adequate treatment,” he said.

In a recent letter sent to Narendra Modi, Faizal urged the prime minister “to issue strict directives” to the administrator, Patel, to withdraw this “inhumane decision taken at the cost of the lives of the islanders”.

“Entire health sector is in crisis”

Both Faizal and a government employee, whom The Wire spoke with, said the entire health sector in the islands is in a mess, thanks to a number of decisions taken by the current administration.

“The health sector has been in crisis,” said Faizal. “This administration has ended a comprehensive health insurance cover that the islanders used to enjoy before.”

A government employee in Lakshadweep, who did not want to be named, told The Wire that the fare hike for air ambulances is “significant” and should be read with “some other negative developments” in the health sector in recent past.

“The administration recently decided to transfer several contractual paramedical staffs from medical centres in different islands to one hospital in Agatti island. But, because of low payment and other logistical reasons, many staff did not accept the decision, and resigned from the service. This led to the weakening of both the medical centres they used to work at and the hospital they were transferred to,” he said.

He also said the dental medicine in the islands also face crisis due to some decisions of the administration, including the salary cut.

‘Reminder of colonial era’

Faizal said the administration, by filing FIR against him and others, was targeting his party’s protest under the pretext of controlling the pandemic.

He alleged the police did not act when “2,000-3,000 people were attending the Gandhi Jayanti celebration” in October. He also said even the protests by political parties were also held in the recent past and the police took no action against the protestors. “But they invoked charges under the Disaster Management Act against us. The police invoke those charges only when somebody protest against the wrong policies of the administration.”

The charges against Faizal include Section 269 of the IPC, which deals with “negligent act likely to spread infection of disease dangerous to life”. However, Lakshadweep had witnessed no COVID-19 patients for many days until November 17, when Minicoy, one of distant islands, reported one infection. The UT’s vaccination rate is also very high.

Faizal said he will not be silenced by the police case. “I will continue to fight along with the people.”

He said his party, the NCP, announced protest events across the 10 islands, but the police were visiting houses and asking the residents not to attend the protests. “The police were threatening people with registering cases against them,” he said.  “I wonder if we are living in the [colonial] British period.”

A Lakshadweep resident told The Wire that the NCP protest was a small event, and that both the government and political parties held public events earlier, without attracting police action.

Lakshadweep, a place known for its peaceful living, has witnessed a number of protests (here and here) ever since Patel was appointed as the UT’s administrator nearly a year ago.

A number of draft regulations and executive orders introduced by Patel have been termed by the local leaders as “unprecedented”, “shocking” and “mysterious”. The draft laws, which are still awaiting approval from the home ministry, proposed prolonged preventive detention, forced land acquisition, ban on those having more than two children from contesting elections, and prohibition of cattle slaughter, among other unpopular provisions.

Muhammed Sabith is a journalist and researcher. He can be reached at sabith.muhemmad@gmail.com.