Mohammed Faizal moves SC against non-withdrawal of notification disqualifying him as MP
New Delhi, Mar 25: 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 upon his conviction and 10-year sentence, which was later stayed by the Kerala High Court.
Faizal stood disqualified from the membership of Lok Sabha from January 11, the date of his conviction in an attempt to murder case by a sessions court in Kavaratti, according to a notification issued on January 13 by the Lok Sabha Secretariat.
In his petition filed in the apex court through advocate K R Sasiprabhu, Faizal said the L S Secretariat failed to withdraw the notification despite the fact that his conviction was stayed by the high court on January 25.
"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 (MP) 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.
"It is pertinent to note that the Election Commission, by taking note of the correct legal position, recalled the by-election press note dated January 18, 2023," it said.
The plea said the Lok Sabha Secretariat has not revoked the disqualification notification despite various representations and Faizal was denied participation in the Budget Session of the Parliament as well as the ongoing session.
The trial court had on January 11 convicted and sentenced him to 10 years imprisonment in the case.
Later, the high court stayed the conviction and the sentence imposed upon Faizal, who filed an appeal against the trial court verdict.
In January, the Union Territory (UT) of Lakshadweep moved the apex court challenging the January 25 order of the high court which had suspended his conviction and sentence till the disposal of the appeal before it.
On February 20, the top court had issued notice to Faizal and others on the plea filed by Lakshadweep.
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Assam to lift all cases against Koch Rajbongshis in Foreigners' Tribunals: CM Himanta Biswa Sarma
Guwahati, Apr 4 (PTI): The Assam cabinet has decided to lift all cases pending against people from the Koch Rajbongshi community in the Foreigners' Tribunals, Chief Minister Himanta Biswa Sarma said on Friday.
They will also no longer carry the tag of 'D' or doubtful voters, he said.
''There are 28,000 cases pending in different Foreigners' Tribunals in the state against people of the community. The cabinet has taken a historic decision of lifting the cases with immediate effect,'' Sarma said at a press conference here after the cabinet meeting.
The government believes that the Koch Rajbongshis are an indigenous community of the state and they are an inextricable part of ''our social and cultural fabric'', he asserted.
The people of this community are poor and have suffered a lot over the years, he said.
''They will no longer carry the tag of foreigners or ‘D’ voters,'' the CM said.
Foreigners Tribunals are quasi-judicial bodies, particularly in Assam, established to determine if a person residing in India is a "foreigner" as defined by the Foreigners Act of 1946, based on the Foreigners (Tribunals) Order of 1964.
These tribunals are designed to address matters related to citizenship and the presence of “foreigners” in India, specifically focusing on cases where someone is suspected of being an illegal immigrant.
There are 100 Foreigners’ Tribunals across Assam.
The Koch Rajbongshis have a sizeable presence in Assam, West Bengal, Meghalaya, and parts of Bangladesh, Nepal, and Bhutan, and they demand Scheduled Tribe status.
