Kochi: In an extraordinary ceremony held behind bars, a BJP councillor of the Thiruvananthapuram Corporation who is under preventive detention under the Kerala Anti-Social Activities (Prevention) Act (KAAPA) has officially taken his oath of office. The swearing-in ceremony took place at the Viyyur Central Jail after the Kerala High Court ruled that the people’s mandate could not be defeated by procedural lapses.

Thiruvananthapuram Mayor V V Rajesh administered the oath, reading it out for the detained councillor, Sugathan R, to follow inside the prison.

Justice P V Kunhikrishnan had cleared the way for the unusual ceremony on a petition filed by Sugathan, who was elected from the Vazhottukonam ward of the Thiruvananthapuram Corporation.

The requirement for a fresh swearing-in arose after the High Court directed 20 BJP councillors last month to retake their oaths, ruling that the initial oaths administered did not conform to the legally prescribed format. Subsequent to that order, Sugathan became involved in two criminal cases. Though he was granted interim bail by the Nedumangad Judicial First Class Magistrate Court-II to attend the rescheduled ceremony at the Corporation office, his subsequent detention under KAAPA prevented him from traveling.

During the hearing, the Director General of Prosecution (DGP) submitted that because the petitioner was under preventive detention, he could not be released from custody, citing constitutional exemptions under Article 22(3). However, the DGP stated that the State was prepared to make the necessary arrangements inside the prison if directed by the court.

The High Court intervened after being informed that Sugathan's inability to take the oath could heavily impact the political majority within the Corporation council. The court emphasised that its intent was never to "massacre democracy”, but to ensure constitutional discipline.

"Democracy, as envisaged under the Constitution, is not a mere majoritarian exercise, but a structured process governed by established procedures and normative principles," the court observed. "In this case, if the petitioner is not allowed to take the oath, serious consequences will follow. When the very pulse of democracy is made to collapse over a solitary, disputed oath, the duty of this Court is to uphold democracy."

Ruling that extraordinary situations demand extraordinary decisions, the court ordered the Superintendent of the Central Prison and Correctional Home, Viyyur, to facilitate the ceremony.

In line with the court's directives, Mayor V V Rajesh and the minimum required Corporation officials were permitted entry into Viyyur Central Jail to complete the procedure. Accredited media personnel were also allowed inside the prison to cover the historic democratic event.

(With PTI inputs)