Kerala High Court Permits Incarcerated BJP Councillor to Take Oath
The Kerala High Court has granted permission for BJP councillor Sugathan R, who is currently held under preventive detention, to officially take his oath of office within the confines of a prison. This decision, delivered on Monday, allows Sugathan to fulfill his swearing-in duties as a councillor of the Thiruvananthapuram Municipal Corporation at 11 AM on July 14.
Justice PV Kunhikrishnan underscored the importance of honoring the democratic mandate of the electorate, stating that such a mandate should not be negated simply because the elected official is under preventive detention. This ruling was in response to Sugathan’s petition, which requested the court’s intervention to enable him to retake his oath, as previously directed by the court.
The court had earlier invalidated the initial oaths taken by Sugathan and other councillors due to non-compliance with the Kerala Municipality Act, 1994, which mandates that oaths must be taken either in the name of God or through a solemn affirmation. Consequently, the court had required the councillors to retake their oaths within four weeks while maintaining the legitimacy of their official acts until the judgment date.
Despite other councillors taking the oath as instructed, Sugathan was unable to do so due to his detention under the Kerala Anti-Social Activities (Prevention) Act (KAAPA) since June 9. Justice Kunhikrishnan, addressing the state’s submission, noted that the democratic process necessitates accommodating the oath-taking within the prison and emphasized the need for media presence during this procedure to ensure transparency.
The Director General of Prosecution, T Asaf Ali, argued that Sugathan’s detention under KAAPA prevents him from being released solely for the purpose of taking the oath, citing Article 22(3) of the Indian Constitution. This article outlines that individuals detained under preventive detention laws are not entitled to the same protections afforded to ordinary arrested persons under Article 22(1) and (2).
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Nonetheless, Justice Kunhikrishnan expressed the court’s commitment to respecting the electoral choice, noting Sugathan’s election despite pending legal proceedings against him. The judge remarked that arrangements should be made to facilitate the oath-taking within the prison, and suggested the involvement of the prison superintendent if necessary.
The court’s ruling followed Sugathan’s petition, which highlighted the lack of action from state authorities and the Thiruvananthapuram Corporation to facilitate his oath-taking. While the corporation scheduled the ceremony for July 14 at the Corporation’s Conference Hall, Sugathan’s interim release granted by the Judicial First Class Magistrate Court-II, Nedumangad was not acted upon by the state.
Legal representation for Sugathan included advocates Suvin R Menon, P Vijayakumar, TC Krishna, Parshathy SR, Govind P, Achuth Krishnan R, and Cristy Therasa Suresh. The state was represented by the Director General of Prosecution.
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The Kerala High Court’s decision underscores the balance between upholding legal processes and respecting the democratic choices of the electorate, even amidst preventive detention scenarios.
