In a first, BJP councillor to take oath from inside Kerala jail
IN a first for Kerala, a BJP councillor will take the oath of office from inside a central jail on Tuesday after the Kerala High Court allowed the swearing-in ceremony to be conducted within the prison premises.
R. Sugathan, elected from the Vazhottukonam ward of the Thiruvananthapuram Corporation, is scheduled to be sworn in at 11 am in the office of the Superintendent of Viyyur Central Jail, where he is being held under the Kerala Anti-Social Activities (Prevention) Act (KAAPA).
The ceremony is believed to be the first in the state’s local self-government history in which an elected representative formally assumes office from inside a prison.
Sugathan remains in custody under a preventive detention order issued under KAAPA in connection with multiple criminal cases. Although he secured bail earlier this month in two criminal cases before a Thiruvananthapuram court, the preventive detention order continues to keep him behind bars.
Thiruvananthapuram Mayor and senior BJP leader V.V. Rajesh has been permitted to attend the swearing-in ceremony.
The unusual arrangement follows a Kerala High Court order and approval from the Prison Department, ensuring that Sugathan can exercise his constitutional right as an elected representative to take the oath of office despite being in custody.
Constitutional right
The issue arose after the High Court recently disqualified 20 councillors of the Thiruvananthapuram Corporation for violating their oath of office and directed them to take the oath afresh within four weeks.
Nineteen councillors have since complied with the order. Sugathan was the only one unable to do so because of his detention. With the deadline for retaking the oath expiring on July 24, the court permitted the ceremony to take place inside the prison.
Rajesh said the Corporation would fully comply with the High Court’s direction.
“Accordingly, the re-taking of the oath by Sugathan will take place in the office room of the Superintendent of Viyyur Central Jail,” he said.
The Mayor said a decision on convening the next meeting of the Corporation Council would be taken in accordance with the rules if required, adding that at least one council meeting would be held this month.
Asked whether Sugathan would challenge the KAAPA detention order, Rajesh said the BJP and the councillor would decide on the legal course.
Welcoming the High Court’s decision, UDF Parliamentary Party leader and former Congress MLA K.S. Sabarinadhan said the order should not be interpreted as validating Sugathan’s legal position.
“The court has attached due importance to the KAAPA case against Sugathan. At the same time, permission was granted because an elected representative, irrespective of the circumstances, has the constitutional right and obligation to take the oath of office. Otherwise, the verdict might have been different,” he said.
Sabarinadhan stressed that the swearing-in would have no bearing on any future proceedings regarding Sugathan’s eligibility to continue as a councillor.
“The issue of disqualification is entirely separate and will be decided through the due legal process when the Corporation Council meets in the coming days,” he said.
The ceremony is expected to be one of the most unusual in Kerala’s local self-government history, highlighting the intersection of electoral mandate, constitutional rights and preventive detention laws.
