'Can't Massacre People's Mandate': Kerala High Court Permits Detained Thiruvananthapuram Councillor To Take Oath From Prison

The Kerala High Court on Monday (13 July) directed the State to enable detained Thiruvananthapuram Councillor Sugathan R, to take oath of office from inside the Prison.Justice P.V. Kunhikrishnan passed the order on a petition moved by the BJP Councillor detained under the Kerala Anti-Social Activities (Prevention) Act, 2007 (KAAPA)."Since the petitioner is detained under the KAAPA, this Court cannot release the petitioner to attend the swearing-in ceremony," the Court said. However, adding that "in a Democracy, the people's mandate is to be respected," it allowed him to take the oath inside the jail.Sugathan R was elected from Ward No. 20 (Vazhottukonam) in the 2025 local body elections. He had originally taken oath on December 21, 2025 before assuming office as councillor, but the same was declared invalid by the High Court on the ground that elected representatives cannot expand or modify the statutory form of oath by invoking specific deities, political martyrs, organisation or public figures.Sugathan was unable to retake the oath along with other Councillors when the re-swearing in took place on June 24, since he was placed under preventive detention. A representation was then placed before the State Government and the Thiruvananthapuram Corporation, requesting arrangements for administering the oath. The Mayor of the Corporation had scheduled the oath-taking ceremony for 11 a.m. on July 14, 2026, at the Corporation Conference Hall.Following suit, the Magistrate Court had granted Sugathan interim bail from 5 p.m. on July 13 until 9 p.m. on July 14, 2026, specifically to enable him to attend the swearing-in ceremony and travel between prison and the venue.Sugathan subsequently moved the High Court, claiming that despite the interim bail order, the State authorities had not taken any decision on his request for temporary release.Today, the Director General of Police told the Court that a detainee under the KAAPA cannot be released from jail.The Court has now directed the Superintendent of Viyyur Central Prison to make necessary arrangements to conduct Sugathan's swearing-in ceremony inside the jail, at 11 am on July 14.The Mayor and the minimum required officers of Thiruvananthapuram Corporation shall be allowed to enter the jail premises to complete the procedure, the Court said. The accredited media persons should also be allowed to participate in the ceremony, it added."It is submitted before the Court that, if the petitioner is not able to swear as a Councillor, even the majority of the present ruling party will lose...When the very pulse of democracy is made to collapse over a solitary, disputed oath, the duty of this court is to uphold the democracy...people's mandate cannot be massacred by a procedural lapse...this is a fit case in which the petitioner should be allowed to take the oath inside the jail," Court held.Case Title: Sugathan R v State of Kerala and OthersCase No: WP(C) 23803/ 2026Citation: 2026 LiveLaw (Ker) 370Counsel for Petitioner: Suvin R Menon, P. Vijayakumar, T.C. Krishna, Parshathy S.R, Govind P, Achuth Krishnan R., Cristy Theresa SureshClick Here To read/ Download Judgment

'Can't Massacre People's Mandate': Kerala High Court Permits Detained Thiruvananthapuram Councillor To Take Oath From Prison

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'Can't Massacre People's Mandate': Kerala High Court Permits Detained Thiruvananthapuram Councillor To Take Oath From Prison

Anamika MJ

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Anamika MJ

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