Kochi, July 13 (IANS) Kerala is set to witness an unprecedented development in its local self-government history, with BJP councillor R. Sugathan scheduled to take the oath of office inside Viyyur Central Jail on Tuesday after the Kerala High Court permitted the swearing-in ceremony to be conducted within the prison premises.
The ceremony, scheduled for 11 a.m. in the office chamber of the Superintendent of Viyyur Central Jail, marks the first time in the state that an elected local body representative will formally assume office from inside a prison.
Sugathan, elected from the Vazhottukonam ward in the Thiruvananthapuram Corporation, is currently in judicial custody under the Kerala Anti-Social Activities (Prevention) Act (KAAPA) in connection with multiple criminal cases.
Earlier this month, he secured bail in two separate criminal cases from a local court in Thiruvananthapuram.
However, he continues to remain in custody under the preventive detention order issued under KAAPA.
Thiruvananthapuram Mayor and senior BJP leader V.V. Rajesh has also been granted permission to be present during the swearing-in ceremony.
The unusual arrangement was made after legal hurdles were cleared through the High Court’s order and with the approval of the Prison Department, ensuring that Sugathan’s constitutional right, as an elected representative, to take the oath of office is protected.
The High Court had 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.
Sugathan alone could not do so as he remains in judicial custody.
The deadline for re-taking the oath expires on July 24, and Sugathan will now also be able to take the oath afresh.
Responding to the High Court’s decision, Rajesh said the Corporation would fully abide by the court’s order.
“Accordingly, the re-taking of the oath by Sugathan will take place in the office room of the Superintendent of Viyyur Central Jail,” Rajesh said.
On the next meeting of the Corporation Council, the Mayor said no decision had yet been taken.
“If there is an urgent requirement, a council meeting will be convened in accordance with the rules. However, I can say that one meeting of the Corporation Council will definitely be held this month,” he said.
Asked whether the KAAPA detention order would be challenged, Rajesh said the legal course would be decided by the BJP and Sugathan himself.
Meanwhile, UDF Parliamentary Party leader in the Thiruvananthapuram Corporation, Adv. K.S. Sabarinadhan, welcomed the High Court’s order permitting the swearing-in inside the prison but said the order should not be construed as an endorsement of Sugathan’s legal position.
“The court has attached due importance to the KAAPA case against Sugathan.
“At the same time, I believe permission was granted only 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, a two-time former Congress legislator, also clarified that the present proceedings had no bearing on Sugathan’s possible disqualification as a councillor.
“The issue of disqualification is entirely separate and will be taken up through the due legal process when the Corporation Council meets in the coming days,” he said.
The swearing-in is expected to become one of the most unusual ceremonies in the history of Kerala’s local self-government institutions, underscoring the intersection of electoral mandate, constitutional rights and preventive detention laws.
–IANS
sg/pgh