Represetative image
NEW DELHI: The Kerala high court on Monday allowed BJP councillor Sugathan R, who is under preventive detention under the Kerala Anti-Social Activities (Prevention) Act (KAAPA), to take his oath of office inside prison on July 14 at 11 am, Bar and Bench reported.Justice PV Kunhikrishnan observed that the democratic mandate of the electorate could not be defeated merely because an elected representative was under preventive detention.”Oath to be taken in 14.07.2026 at 11am inside the prison. Accredited media persons will be allowed inside to participate,” the judge said.According to Bar and Bench, the order came on a petition filed by Sugathan seeking directions to comply with an earlier High Court judgment requiring him to retake the oath as councillor of the Thiruvananthapuram Municipal Corporation.During the hearing, director general of prosecution T Asaf Ali argued that Sugathan could not be released solely for taking the oath since he was under preventive detention under KAAPA. Referring to Article 22(3) of the Constitution, he submitted that persons detained under preventive detention laws are excluded from the safeguards available to ordinary arrested persons under Article 22(1) and (2), Bar and Bench reported. The Court, however, stressed that the electorate had chosen Sugathan despite the criminal cases and allegations against him.”This person was elected despite all the cases against him, right? He has the mandate of the people. See whether the oath can be administered inside the prison. If necessary, I will implead the Superintendent of the Prison,” the judge remarked orally.The judge also said accredited media personnel should be allowed inside the prison during the swearing-in ceremony.”Allow some accredited media person inside the jail, because this is democratic process where they are taking oath, so people should also know what happens inside the oath taking place,” the judge stated orally.According to Bar and Bench, the case stems from a June 24 High Court judgment that declared the oath taken by Sugathan and several other councillors invalid after they swore allegiance in the name of various deities, political martyrs and movements instead of taking the oath in the manner prescribed under the Kerala Municipality Act, 1994.The Court had directed authorities to facilitate fresh oath-taking within four weeks while protecting the validity of the councillors’ official acts until the date of the judgment.While the other councillors retook their oaths, Sugathan was unable to do so after being detained under KAAPA on June 9 and lodged in Viyyur Central Prison, Bar and Bench reported.According to the petition, despite repeated representations to the State government and the Thiruvananthapuram Corporation, no arrangements were made to enable him to take the oath. The Corporation later scheduled the ceremony for July 14 at its conference hall.Sugathan subsequently sought 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 ceremony. However, he argued that the interim bail alone would not secure his release because he continued to remain under preventive detention unless the State government granted permission, Bar and Bench reported.
