"Law breakers shall not be law makers": Prosecution opposes Lakshadweep MP Mohammed Faizal's plea to suspend 10-year sentence

The Lakshadweep Police have approached the Kerala High Court opposing the plea moved by Nationalist Congress Party (NCP) leader and Member of Parliament (MP) from Lakshadweep PP Mohammeed Faizal seeking to suspend his conviction and 10year sentence in an attempt to murder case [Sayed Mohammed Noorul Ameer & Ors. v Union Territory of Lakshadweep]..Consequent to the conviction in the present case by the trial court, Faizal was disqualified from holding the office of Member of Parliament and a notification in this regard has already been issued by the Lok Sabha Secretariat.He had then approached the High Court to which the Union Territory filed its response on Monday. .In the objection filed through Special Prosecutor for the Union Territory of Lakshadweep S Manu, it was pointed out that Faizal is actually involved in two other serious crimes and he is presently facing trial in one of those cases."The 2nd petitioner/2nd appellant (Faizal) , who has become disqualified on account the conviction and whose criminal bent of mind is well evident from the involvement in many cases may secure re – entry to the Parliament in case his conviction is suspended as prayed for," the prosecution contended. It was further pointed out that the Supreme Court has held that the prohibition under Section 8(3) of the Representation of the People Act, 1951 entails disqualification to a person convicted and sentenced with imprisonment for more than two years."The intention of such intervention of the Hon’ble Supreme Court is to ensure that law breakers shall not continue as law makers. Therefore, utmost circumspection is required when convicted politicians including an elected representative are seeking suspension of conviction also. In this regard it may kindly be noted that the Hon’ble Supreme Court as well as different Hon’ble High Courts have rejected the prayers of several elected representatives to suspend their conviction for enabling them to contest elections," the objection stated. .On January 11, the Kavaratti Sessions Court had convicted four persons, including Faizal, for attempting to murder the son-in-law of former Union Minister and Indian National Congress leader, PM Sayeed, in relation to a political controversy during the 2009 Lok Sabha elections.The trail court convicted them of committing offences punishable under several provisions of the Indian Penal Code (IPC) including under Section 307 (attempt to murder). They were all sentenced under each of the offences alleged but since the sentences were to run concurrently, they would effectively have to undergo 10 years rigorous imprisonment.The very next day, on January 12, the four convicts moved an appeal before the High Court. They also filed applications to suspend their conviction and sentence and release them on bail during the pendency of their appeal. .The prosecution in its reply submitted that the appellants have been convicted of a heinous crime and that the Sessions Judge's judgment is perfectly valid in the eyes of law and does not call for interference by the High Court.It was further argued that suspending the sentence of the prominent NCP leaders who are the appellants in the case would send a wrong message to society."The offence committed by the petitioners/appellants was a shock to the Lakshadweep society which is well known for leading peaceful life with a smaller number of crimes reported. If the petitioners /appellants who are prominent leaders of a political party, found to be guilty of attempt to murder by the Court of Sessions are released at this stage, the same will result in shaking the faith of people in the judicial process," the objection stated. .Further, it was argued that considering the sentence imposed, the suspension of execution of the sentence cannot be claimed as a matter or right by the appellants. The appellant's prayer to suspend their conviction is also argued to be improper as the same can only be granted by an appellate court in exceptional circumstances.