NEW DELHI: On Monday, the Kerala High Court granted permission to BJP councillor Sugathan R, currently under preventive detention as per the Kerala Anti-Social Activities (Prevention) Act (KAAPA), to take his oath of office within the confines of the prison on July 14 at 11 am. This significant decision was reported by Bar and Bench.
Justice PV Kunhikrishnan remarked that preventing an elected representative from fulfilling their duties merely due to preventive detention undermines the democratic choice made by voters. “Oath to be taken on 14.07.2026 at 11 am inside the prison. Accredited media personnel will be permitted to attend,” stated the judge.
The order followed a petition filed by Sugathan, requesting compliance with an earlier High Court ruling mandating him to retake his oath as councillor of the Thiruvananthapuram Municipal Corporation. During the proceedings, T Asaf Ali, the Director General of Prosecution, contended that Sugathan should not be released solely for taking the oath, as he was detained under KAAPA. He referenced Article 22(3) of the Constitution, indicating that those under preventive detention do not enjoy the same protections as ordinary detainees under Articles 22(1) and (2).
Nonetheless, the Court emphasized that Sugathan earned his position despite facing criminal allegations. “This person was elected despite all the cases against him, right? He has the mandate of the people. Let’s see how the oath can be administered in prison; if necessary, I will involve the Superintendent of the Prison,” the judge stated.
Furthermore, the judge insisted that accredited media representatives should be allowed inside during the swearing-in ceremony, underlining the importance of transparency in the democratic process. “Allow some accredited media person inside the jail, because this is a democratic process where they are taking an oath, and the public should also know what transpires during the oath-taking ceremony,” he remarked.
The basis for this case dates back to a High Court judgment on June 24, which pronounced the oaths taken by Sugathan and other councillors invalid, as they had sworn allegiance to various deities, political martyrs, and movements rather than adhering to the proper protocol outlined in the Kerala Municipality Act, 1994. The Court mandated that fresh oaths be taken within four weeks but ensured the official acts of the councillors remained valid until the judgment date.
While other councillors complied with the new oath-taking requirements, Sugathan was unable to do so due to his detention under KAAPA on June 9, leading to his incarceration in Viyyur Central Prison. His petition highlighted that despite several requests to the State government and the Thiruvananthapuram Corporation, no arrangements were made for him to take the oath. Subsequently, the Corporation scheduled the ceremony for July 14 at its conference hall.
Sugathan then pursued a temporary release to attend the ceremony. The Judicial First Class Magistrate Court-II, Nedumangad, granted him interim release from the evening of July 13 until the night of July 14 for the swearing-in event. However, he argued that this interim bail would not suffice, as he would still be under preventive detention unless the State government provided explicit permission.
