"What is the fundamental right that is violated?" the Supreme Court on Tuesday asked Nationalist Congress Party leader Mohammed Faizal who has filed a plea against the Lok Sabha Secretariat for not withdrawing a notification disqualifying him as an MP despite his conviction in an attempt-to-murder case being stayed by the Kerala high court.
A bench of Justices K M Joseph and B V Nagarathna posed the question to the lawyer appearing for the NCP leader after he mentioned the matter saying it be heard on Wednesday.
"What is the fundamental right that is violated?" the bench asked the lawyer.
The counsel said the NCP leader's right to represent the constituency is being taken away.
He said the action is completely arbitrary.
The bench asked him why he did not approach the high court. The lawyer replied that the top court is already seized of the matter. The bench then agreed to hear the matter on Wednesday.
Earlier, senior advocate A M Singhvi, appearing for the former Lakshadweep MP, had submitted that the person has not been reinstated as an MP despite his conviction and sentence being stayed by the 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 Lok Sabha Secretariat failed to withdraw the notification despite the fact that his conviction was stayed by the high court on January 25.
