Kerala HC Orders In-Prison Oath for Detained BJP Councillor, Upholds People's Mandate

The Kerala High Court on Monday directed that BJP councillor Sugathan R, currently under preventive detention under the Kerala Anti-Social Activities (Prevention) Act (KAAPA), be administered his oath of office inside prison. The swearing-in ceremony is scheduled for July 14 at 11 am, with accredited media permitted to attend.

Justice P.V. Kunhikrishnan observed that the democratic mandate of the electorate cannot be defeated merely because an elected representative is under preventive detention. The court emphasised that Sugathan was elected despite pending criminal cases and allegations, reflecting the will of the people.

The order came on a petition filed by Sugathan seeking compliance with an earlier High Court judgment that required him to retake his oath as a councillor of the Thiruvananthapuram Municipal Corporation. That judgment, dated June 24, had declared the initial oath invalid because it was administered in the name of deities, political martyrs, and movements, rather than in the manner prescribed under the Kerala Municipality Act, 1994.

While other councillors have since retaken their oaths, Sugathan was unable to do so after being detained under KAAPA on June 9 and lodged at Viyyur Central Prison. Despite repeated representations to the state government and the corporation, arrangements were not made for his oath. The corporation later scheduled the ceremony for July 14 at its conference hall.

During the hearing, Director General of Prosecution T. Asaf Ali argued that Sugathan could not be released solely for taking the oath, citing Article 22(3) of the Constitution, which excludes persons detained under preventive detention laws from certain safeguards available to ordinary arrested persons. The court, however, focused on facilitating the oath within the prison premises.

Justice Kunhikrishnan also directed that accredited media personnel be allowed inside the prison during the ceremony, stating, “This is a democratic process where they are taking oath, so people should also know what happens inside.” The court clarified that the prison superintendent would be impleaded if necessary to ensure compliance.

Previously, the Judicial First Class Magistrate Court-II, Nedumangad had granted Sugathan interim release from the evening of July 13 until the night of July 14 for the swearing-in ceremony. However, Sugathan argued that without state government permission, the interim bail alone would not secure his release from preventive detention. The High Court’s order now provides a way forward by enabling the oath inside the prison.