KAAPA vs elected duty: Kerala HC asks government if jailed BJP councillor can swear oath in cell

KOCHI: The Kerala High Court has directed the state government to clarify whether R. Sugathan, a Bharatiya Janata Party (BJP) councillor from the Thiruvananthapuram Corporation currently detained under the Kerala Anti-Social Activities (Prevention) Act (KAAPA), can be sworn into office inside the prison.

The directive came during a hearing on a petition filed by Sugathan, who sought temporary release from KAAPA detention to take his oath of office. In response, the state government informed the court that it would submit its detailed reply on Monday, while clarifying that Sugathan cannot be legally released from detention under the current provisions of KAAPA.

Sugathan is among the councillors whose initial oaths were invalidated by the High Court after they took the pledge in the names of multiple deities, which was deemed a violation of the prescribed rules. While all other affected councillors have since retaken their oaths legally, Sugathan has been unable to do so due to his imprisonment.

Although Sugathan recently secured interim bail in two other cases, the court specified that the bail would only take effect if he is released from his KAAPA detention. Consequently, he moved the High Court seeking relief from the Anti-Social Prevention Act. Detained under KAAPA since June 9, Sugathan is currently lodged in the Viyyur Central Jail.