Jailed TVM Corporation BJP councillor to retake oath at Viyyur Jail at 11 am

BJP councillor R Sugathan of the Thiruvananthapuram Corporation, who was detained under the Kerala Anti-Social Activities (Prevention) Act (KAAPA), will retake his oath of office at Viyyur Central Jail at 11 am on Tuesday after the Kerala High Court declared his earlier oath invalid.

The arrangements for administering the oath inside the prison were made following a landmark order issued by the High Court on Monday. Allowing Sugathan to retake the oath, the court observed that "extraordinary situations call for extraordinary decisions".

Sugathan had approached the High Court after being granted interim bail by the Judicial First Class Magistrate (JFCM)-II, seeking directions to enable him to comply with the court's earlier judgment while remaining in judicial custody.

On June 24, the High Court declared invalid the oaths taken by 20 BJP councillors of the Thiruvananthapuram Corporation. The BJP councillors, elected in the 2025 local body elections, had taken their oath in the name of Mother India, the organisation's martyrs and Gurudeva in violation of the Kerala Municipality Act.

Justice P V Kunhikrishnan directed all 20 councillors and the panchayat member to retake the oath within four weeks and held that elected representatives may take the oath only in the name of God or by solemn affirmation, without any additions or modifications.

Accordingly, 19 BJP councillors retook the oath at the Thiruvananthapuram Corporation office on the day the judgment was delivered. Sugathan, however, could not do so as he was in prison.

In his petition, Sugathan sought directions to the state government, the State Police Chief and the Director General of Prisons and Correctional Services to facilitate the oath-taking in compliance with the High Court's earlier order. His counsel argued that the government was preventing him from assuming office because of his political affiliation.

While permitting Sugathan to retake the oath inside the prison, the High Court observed that it could not order his release for the swearing-in ceremony. However, it noted that if he was unable to take the oath, the ruling front in the corporation would lose its majority, adding that the people's mandate must be respected in a democracy.

The court had sought the DGP's views on conducting the oath-taking ceremony inside the jail. The DGP informed the court that a person detained under KAAPA could not be released from prison, but said the state was prepared to make the necessary arrangements if directed by the court.

"This Court neither conceived nor intended to massacre democracy; rather, the directions are issued in the background of the constitutional mandate to preserve and strengthen the rule of law. Democracy, as envisaged under the Constitution, is not a mere majoritarian exercise, but a structured process governed by established procedures and normative principles," the court observed.

The court further said that when "extraordinary situations" arise, it is duty-bound to take "extraordinary decisions" to uphold democratic principles and protect the people's mandate.

The state government issued Sugathan's preventive detention order under KAAPA on June 8. He was arrested the following day and has remained in preventive detention since. The Vattiyoorkavu police have also registered another case against him, alleging that he obstructed police officers while they attempted to arrest him.

The BJP currently remains one seat short of an absolute majority in the Thiruvananthapuram Corporation, and Sugathan's swearing-in is expected to alter the council's strength.