'Would Send Wrong Signals to Public': Kerala HC Declines to Suspend Conviction of NCP MP in Attempt-to-murder Case
The Kerala High Court has rejected a plea by NCP MP Mohammed Faizal for suspension of his conviction in an attempt-to-murder case, stating that if persons with criminal antecedents are permitted to continue as Members of Parliament/Legislatures even after conviction, it would only send wrong signals to the public at large. The prayer of the 2nd petitioner for suspension of the order of conviction is therefore rejected.” The court ordered that the suspension of sentence of all four accused as per the order of January 25, 2023, with conditions would continue for now, pending final disposal of the appeal. The court, however, said, “The stay on conviction must be granted only in rare cases and that too only under special circumstances.” Referring to several SC judgements, the bench said that the appellate court can suspend an order of conviction in the exercise of the powers under Section 389 CrPC in a fit case if it finds that the case is frivolous. The bench also referred to Rahul Gandhi’s case in which the top court had on August 4, 2023, suspended the conviction after finding that no reason was given by the trial judge for imposing the maximum sentence, which has the effect of incurring disqualification under Section 8 of the Act.
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