Kerala HC Suspends Conviction, Sentence Of Former Lakshadweep MP PP Mohammed Faizal

Kochi

Kerala High Court suspended the conviction and sentence of former Lakshadweep MP and Nationalist Congress leader leader PP Mohammed Faizal and three others in a case of attempt to murder.
Single Bench of Justice Bechu Kurian Thomas issued the order on a plea of Faizal and others challenging a trial court's order at Lakshadweep in an attempt to murder case. Faizal filed the application seeking to suspend the 10-year imprisonment.
The court said that politics should be decriminalized for a healthy democracy.
The Court observed, The decriminalization of politics is essential to every democracy. As a Constitutional Court, it is the duty to advance the Constitutional objectives including purity in politics, however, those lofty principles cannot be the reason for denying the applications of the principles of rule of law. The Societal interest in averting an expensive election when the elected candidate can continue for a limited period alone if a fresh election is conducted cannot be brushed aside by the Court.
The societal interest and the need to have purity in politics in elections will have to be balanced, in this context, the circumstance at the appeal is a statutory right and under Section 393 CrPC, finality is attached only to the judgment of the appellate Court assumes significance. Considering the various legal and other circumstances as the special features arising in this case, especially those relating to the 2nd petitioner falls within the category of rare and exceptional circumstances. The ramification of suspending the conviction are enormous,the court observed further.