The Kerala High Court has ruled that a detained BJP councillor can take his oath of office from inside prison on July 14. This decision aims to respect the electoral mandate of the Thiruvananthapuram Municipal Corporation, following a previous court order that invalidated earlier, improper oath-taking procedures.
The Kerala High Court has granted permission for BJP councillor Sugathan R to complete his oath of office while remaining in preventive detention. The ceremony is scheduled to take place on July 14 at 11 AM within prison premises. The court’s order ensures that the councillor can fulfill his legal requirement to represent his constituency in the Thiruvananthapuram Municipal Corporation, despite his current status under the Kerala Anti-Social Activities (Prevention) Act, commonly known as KAAPA.
Prioritizing the Democratic Mandate
Justice PV Kunhikrishnan, who presided over the matter, emphasized that the voters' decision must be respected. The court observed that Sugathan was elected by the public despite his legal history, and his detention should not prevent him from performing his duties as an elected representative. This intervention follows a June 24 High Court judgment that declared several oaths invalid because the councillors had sworn allegiance to deities or political movements instead of following the prescribed procedures under the Kerala Municipality Act, 1994. While other councillors have already complied by taking the oath again, Sugathan’s detention prevented him from doing so until this specific order was issued.
Transparency and Media Access
The High Court has mandated that accredited media personnel be allowed to witness the oath-taking ceremony inside the prison. This directive is designed to maintain transparency, with the court noting the importance of public awareness regarding proceedings involving elected officials. The decision serves to ensure that the process remains open and accountable to the citizens.
Legal Context and Government Argument
During the hearings, the Director General of Prosecution had opposed the request, pointing to the nature of Sugathan’s preventive detention under KAAPA. The prosecution argued that such detention limits normal rights compared to standard arrests. However, the High Court prioritized the democratic principle of representation, choosing to facilitate the oath rather than allow the detention to obstruct the constitutional process. The next step for the councillor involves the formal completion of this oath, which is a mandatory prerequisite for him to legally function as a member of the local municipal body.