Kerala BJP councillor, jailed under KAAPA, to take oath again in prison on Tuesday, wins HC order

In what could be a historic verdict, the Kerala High Court, on Monday, directed the state to make arrangements for the repeat swearing-in of the Thiruvananthapuram corporation BJP councillor R Sugathan at Viyyur central jail. Sugathan has been jailed under the provisions of the KAAPA - Kerala Anti-Social Activities (Prevention) Act.

Justice P V Kunhikrishnan ordered that the swearing-in shall be held in prison on Tuesday at 11am. Thiruvananthapuram Mayor V V Rajesh and corporation officials shall attend the ceremony.

He was granted interim bail by the Judicial First Class Magistrate (JFCM) II. However, he had to secure an order from the High Court to retake the oath. The Kerala High Court, on June 24, declared as invalid the oath taken by 20 BJP corporation councillors and a member of Vadakkenchery gram panchayat. The BJP councillors, who won the civic body elections in 2025, took oath in the name of Mother India, martyrs of the organisation and Gurudeva. The panchayat member took oath in the name of late Congress leader Oommen Chandy.

Justice P V Kunhikrishnan ordered that all the 20 councillors and the panchayat member shall take the oath once again within four weeks. The order quoted Section 152 of the Kerala Panchayat Raj Act and Section 143 of the Kerala Municipality Act, which provides that the oath is to be taken by elected members either in the name of God or by solemn affirmation without any expansion. Accordingly, 19 BJP councillors were administered the oath again at the corporation office in Thiruvananthapuram on the day the HC issued the order.

In his petition filed in the HC, Sugathan prayed that the state government, the state police chief and the Director General of Prisons and Correctional Services shall make arrangements for him to take oath under the Kerala Municipalities Act in compliance with the HC judgement. Sugathan's counsel argued that the government was preventing Sugathan from assuming the office for the reason that he was not subscribed to the ideology of the ruling party.

"Preventing an elected member from discharging duties as a councillor also amounts to jettisoning the public mandate and democratic privilege of citizens. The petitioner (Sugathan), who has been elected by the people, cannot be prevented from assuming his office illegally," Sugathan's petition cited.

The government issued an order for his preventive detention under the KAAPA on June 8. He was arrested on June 9 and has been under preventive custody since then. Vattiyoorkavu police have also filed another case saying that he obstructed the arrest.

The order by the HC allowing Sugathan to take the oath again in prison has ignited a political debate. CPM has alleged that there is an understanding between the BJP and the Congress behind the move. BJP is one short of an absolute majority in the corporation council until Sugathan is sworn in as the councillor.