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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Indian Coast Guard detains Iranian fishing vessel with 6 Indian crew
New Delhi, May 6: The Indian Coast Guard (ICG) has detained an Iranian fishing vessel with six Indian crew off the coast of Kerala, the defence ministry said on Monday.
The vessel was detained on Sunday following a swift "sea-air" coordinated operation by the ICG, it said.
The ministry said the crew alleged that the "Iranian sponsor" of the vessel ill-treated and deprived them of basic living conditions and confiscated their passports.
Initial investigation revealed that the owner of the boat was an Iranian national who had contracted the Indian fishermen from Tamil Nadu, it said.
"The Indian Coast Guard detained an Iranian fishing vessel, with six Indian crew, west of Beypore off the coast of Kerala late on May 5. The swift sea-air coordinated operation involved the ships and aircraft of the ICG," the ministry said in a statement.
"After intercepting the boat, an ICG team boarded the vessel and thoroughly investigated it to check the involvement of any anti-national activity," it said.
"Initial investigation revealed that the owner of the boat was an Iranian sponsor who had contracted these Indian fishermen from Tamil Nadu, and issued them Iranian Visas for fishing off the Iran coast," it added.
The vessel was brought to Kochi for further investigation.
"The crew alleged that the sponsor ill-treated and deprived them of basic living conditions, besides confiscating their passports. The crew said that they had decided to escape from Iran to India using the same boat," the ministry said.
@IndiaCoastGuard in a swift sea-air coordinated operation intercepts & detains #Iranian fishing vessel in #Arabian sea west off #Kerala coast with 06 #Indian crew employed on contractual basis at Iran. Crew alleges exploitation & mistreatment by the boat owner. The boat has been… pic.twitter.com/4N02929W4w
— Indian Coast Guard (@IndiaCoastGuard) May 6, 2024
