SC to hear Mohammed Faizal's plea against non-withdrawal of notification disqualifying him as MP
New Delhi, Mar 27 (PTI) The Supreme Court agreed to list for hearing on Tuesday NCP leader Mohammed Faizal's plea against the Lok Sabha Secretariat for not withdrawing a notification disqualifying him as an MP upon his conviction and 10-year sentence that was later stayed by the Kerala High Court.
A bench comprising Chief Justice D Y Chandrachud and justices P S Narasimha and J B Pardiwala took note of the submissions of senior advocate A M Singhvi, appearing for the former Lakshadweep parliamentarian, that the person has not been reinstated as an MP despite his conviction and sentence being stayed by the high court.
Singhvi said the appeal of the Union Territory against the high court order is coming up for hearing before another apex court bench on Tuesday. "Tag this with the SLP (of Lakshadweep)," said the bench.
Singhvi, appearing for the Nationalist Congress Party leader, said the Lok Sabha was "prompt to disqualify Faizal as an MP immediately after he was convicted and sentenced by a local court in January this year, but his membership has not been restored yet despite the high court staying the conviction".
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 Lok Sabha Secretariat failed to withdraw the notification despite the fact that his conviction was stayed by the high court on January 25.
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Congress standing with CM Siddaramaiah, will support him, says party President Kharge
Bengaluru (PTI): Congress President M Mallikarjun Kharge on Friday said the party is standing with Karnataka Chief Minister Siddaramaiah and will support him as he faces a probe by Lokayukta police in the Mysuru Urban Development Authority (MUDA) site allotment case.
Rejecting BJP's demand for Siddaramaiah's resignation, he noted that "neither a chargesheet is filed, nor he is convicted," and said, "let the law take its own course, and when a situation comes, the party will examine."
"When the Godhra incident happened, whether (Narendra) Modi ji had resigned (as the then Gujarat CM)? Several cases were also pending against him at that time, even against Mr Shah (Union Home Minister Amit Shah)," Kharge said in response to a question on BJP questioning CM's moral right to continue, with FIR slated to be registered against him.
Speaking to reporters here, he said: "Don't target a particular person to damage his image, through him the party will also be damaged. Your (BJP) interest is to damage the Congress party, not the individual. He may be here today or may not be, the party will continue. Just to destroy the Congress party and the Congress party's base votes, they want to destroy, that is why they are doing this."
Let the law take its own course, and when a situation comes, the party will examine it at that time, he further said. "Now nothing is there, (but) every day I'm seeing that MUDA, MUDA. Crores of rupees (have been) swallowed by industrialists, Rs 16 lakh crore of their debt have been written off, and now you are taking one small issue and fighting. That too neither chargesheet is filed, nor he is convicted. Every day this is news. I'm fed up seeing all these things."
Asked whether the Congress high command will stand with the Chief Minister, even after the registering of FIR, Kharge said: "that is a hypothetical question. We are standing with him, we will support him, because he represents the party, not (an) individual."
A Special Court here on Wednesday ordered a Lokayukta police probe against Siddaramaiah in the case, setting the stage for filing of an FIR against him.
The order of the Special Court Judge, Santhosh Gajanan Bhat, came a day after the High Court upheld the sanction granted by the Governor Thaawarchand Gehlot to conduct an investigation against Siddaramaiah on the allegations of illegalities in the allotment of 14 sites to his wife B M Parvathi by MUDA.
The Special Court exclusively to deal with criminal cases related to former and elected MPs/MLAs issued the order directing the Lokayukta police in Mysuru to initiate an investigation on the complaint filed by RTI activist Snehamayi Krishna.
In the MUDA site allotment case, it is alleged that compensatory sites were allotted to Siddaramaiah's wife in an upmarket area in Mysuru, which had higher property value as compared to the location of her land which had been "acquired" by MUDA.
The MUDA had allotted plots to Parvathi under a 50:50 ratio scheme in lieu of 3.16 acres of her land, where it developed a residential layout.
Under the controversial scheme, MUDA allotted 50 per cent of developed land to the land losers in lieu of undeveloped land acquired from them for forming residential layouts.
It is alleged that Parvathi had no legal title over this 3.16 acres of land at survey number 464 of Kasare village, Kasaba hobli of Mysuru taluk.
