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The Hindu·2 min read·medium

Kerala BJP councillor detained under KAAPA retakes oath inside prison in unprecedented move

T
The Hindu Bureau
Kerala BJP councillor detained under KAAPA retakes oath inside prison in unprecedented move
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A BJP councillor in Kerala, currently detained under the KAAPA, was permitted by the High Court to take his oath of office inside prison. The court ruled that the democratic mandate of the electorate should not be invalidated by the representative's detention.

Why it matters

This case highlights the legal tension between preventive detention laws and the rights of elected officials to fulfill their democratic duties.

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In an unprecedented development, BJP councillor R. Sugathan, who is under preventive detention under the Kerala Anti-Social Activities (Prevention) Act (KAAPA), retook his oath of office inside the Viyyur Central Prison in Thrissur , Kerala, on Tuesday (July 14, 2026).

The brief oath-taking ceremony was held at the prison library hall at 11 a.m. and was administered by Thiruvananthapuram Mayor V.V. Rajesh. Entry was restricted to the Mayor and a handful of officials. Immediately after taking the oath, Mr. Sugathan was escorted back to his prison cell.

The ceremony followed a Kerala High Court order permitting Mr. Sugathan, the BJP councillor representing the Vazhottukonam division of the Thiruvananthapuram Corporation, to take the oath inside the prison. The court had observed that “the democratic mandate of the electorate could not be defeated” merely because an elected representative was under preventive detention.

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