Saturday, April 27, 2024
HomeLawProvision on automatic disqualification of lawmakers is drastic, courts need to be...

Provision on automatic disqualification of lawmakers is drastic, courts need to be careful while sentencing: Supreme Court

On January 11, the Kavaratti Sessions Court had convicted four persons, including Faizal, for attempting to murder Padanath Salih, 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. All four accused were sentenced to undergo 10 years of rigorous imprisonment by the trial court.

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 Kerala High Court on January 25 suspended the conviction and sentence imposed by the trial court prompting the present appeal before the apex court.

After the trial court had convicted Faizal, he had been disqualified from holding the office of Member of Parliament and a notification in this regard was also issued by the Lok Sabha Secretariat.

Subsequently, the Election Commission (EC) had also notified bye-elections to his constituency. However, Faizal had then moved the Supreme Court challenging the announcement by the EC to hold bye-elections.

The Supreme Court had disposed of that plea on January 27 after the EC assured the top court that it will act in line with the Kerala High Court order suspending the conviction.

Source: Barandbench

RELATED ARTICLES
- Advertisment -

Most Popular

Recent Comments