"One spark is enough": Kerala HC slams online media for misinterpreting oath verdict

KOCHI: The Kerala High Court on Monday pulled up several online news portals for misrepresenting a court order concerning the oath-taking ceremony of Thiruvananthapuram Corporation councillors. Justice P.V. Kunhikrishnan issued the sharp criticism while presiding over a petition filed by R. Sugathan, a corporation councillor currently detained under the Kerala Anti-Social Activities (Prevention) Act (KAAPA), who sought permission to take the oath of office.

The court had previously ruled that the initial oath-taking by BJP councillors, who had sworn in the name of "martyrs" and various deities, was invalid and directed that they be resworn. Some online platforms subsequently reported that the court had prohibited oaths taken in the name of Hindu deities. Addressing this misinformation, Justice Kunhikrishnan remarked that in the current climate, "a single spark is enough to trigger an incident," adding that it was fortunate that the inaccurate reporting did not lead to any law-and-order issues.

During the proceedings, the court emphasised the need to respect the public mandate, stating that in extraordinary circumstances, extraordinary decisions are necessary to ensure the democratic process is not subverted. The court asserted that it had no desire to "sacrifice democracy" and noted that administrative procedures should not be used as a pretext to derail the decision of the people.

The petitioner had argued that denying the councillor the right to take the oath would have serious governance implications for the Thiruvananthapuram Corporation, noting that the absence of the member could potentially cost the ruling party its majority. While the court maintained that the councillors' initial oath-taking was procedurally invalid, it granted permission for Sugathan to take his oath while in custody to uphold the integrity of the people's electoral mandate.