Kerala HC allows BJP councillor R. Sugathan to take oath in Viyyur jail
The Kerala High Court has permitted a detained BJP councillor to take his oath of office inside Viyyur Central Prison to ensure his seat is not lost. The court emphasized that the democratic mandate of the people should not be invalidated by procedural lapses regarding the oath.
Why it matters
This case underscores the legal balance between maintaining the integrity of democratic representation and the enforcement of preventive detention laws.
The Kerala High Court on Monday (July 13, 2026) allowed R. Sugathan, a councillor of the Bharatiya Janata Party (BJP) in the Thiruvananthapuram Corporation, who is under a six-month preventive detention under the Kerala Anti-Social Activities (Prevention) Act (KAAPA), to take his oath of office inside the Viyyur Central Prison in Thrissur on Tuesday.
The oath is to be arranged by the Superintendent of Viyyur Central Prison and administered by the Mayor of Thiruvananthapuram at 11 a.m. The court also stated that accredited mediapersons should be allowed to participate in the ceremony.
Mr. Sugathan was among the 20 BJP councillors who had been directed by the High Court to retake their oaths after they had violated procedure during the original ceremony by using the names of local deities. Nineteen councillors retook their oaths, but Mr. Sugathan was detained at the time and was not able to attend the ceremony.
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