SC responds to Lakshadweep MP Faizal’s petition, asks what fundamental right was violated
The Hindu
Supreme Court Justice K.M. Joseph asked Lakshadweep MP Mohammed Faizal whether any fundamental right was violated for him to move an Article 32 petition
The Supreme Court on Tuesday queried what fundamental right of Lakshadweep MP, P.P. Mohammed Faizal, was violated for him to move an Article 32 petition in the top court.
Writ petitions under Article 32 of the Constitution are filed when there is a violation of a fundamental right.
Mr. Faizal has moved the top court stating that even though his conviction in a case of attempt to murder was suspended, his Lok Sabha membership had not been restored.
The question was addressed to Mr. Faizal's lawyer by a Bench of Justices K.M. Joseph and B.V. Nagarathna. The counsel had mentioned the case, which was already listed in Tuesday's list as item number 42, immediately after the post-lunch break. The court was already occupied by a part-heard case and the likelihood of a detailed hearing in Mr. Faizal's case on Tuesday was thin.
"What is the fundamental right here?" Justice Joseph asked Mr. Faizal's counsel.
The lawyer said it concerned his client's right to represent his constituency in the Parliament.
"Is that a fundamental right? Why can't you move the High Court under Article 226?" Justice Joseph questioned.
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