The Kerala High Court on Monday directed the state to make arrangements for a Thiruvananthapuram BJP councilor to take oath inside the Viyur Central Jail, where he is being detained under the Kerala Anti-Social Activities (Prevention) Act, 2007 (KAAPA).
Justice PV Kunhikrishnan passed the order on a writ petition filed by R Sugathan, a BJP councilor-elect from Vazhottukonam ward of the Thiruvananthapuram Municipal Corporation.
On June 24, the court ordered 20 BJP councillors, including Sugathan, to retake their oath after the oath they had taken earlier, in December last year, was found to violate provisions of the Municipal Act. The council members took oath in the name of several Hindu deities and social reformers such as Sri Narayana Guru. While 19 council members re-sworn in on June 24, Sugathan did not take oath as he was in jail after being detained under CAPA.
“When the pulse of democracy breaks down over a single and disputed oath, it is the duty of this court to uphold democracy. It is only the intention of the court to ensure that democratic procedures are strictly followed,” the order said, directing the state to make arrangements for the council member to take the oath on July 14. The order stated that accredited media personnel must be allowed to participate in the ceremony.
Sugathan faces at least 19 cases on charges including attempted murder, rioting, criminal intimidation and causing hurt.
