The BJP councilor who was detained in Kerala under the ‘Kerala Anti-Social Activities Prevention Act’ (KAAPA) has got a big relief. Thiruvananthapuram Municipal Corporation councilor R. Following the order of the High Court, Sugathan will be sworn in inside the jail on Tuesday.
Earlier on Monday, the Kerala High Court had directed the Viyyur Central Jail authorities to make arrangements for the swearing-in of the BJP councilor inside the jail at 11 am on Tuesday. Justice P.V. Kunhikrishnan, while hearing Sugathan’s petition, told Thiruvananthapuram Mayor V.V. Rajesh and the corporation officials required to take oath were also given permission to go to jail.
The first oath taking ceremony was invalid.
In Kerala, the swearing in of councilor Sugathan and some other councilors had come into controversy because these people did not follow the rules laid down during the oath taking. According to the ‘Kerala Municipality Act’, newly appointed councilors have to take oath as per the rules, whereas these people did not follow the rules and took oath in the name of Sree Narayana Guru and local deities.
The matter went to the High Court regarding violation of rules and cancellation of oath taking. After the hearing, the Kerala High Court in its decision declared the oath taken by Sugathan and some other councilors invalid. After the court’s decision, many other councilors took oath again but Sugathan could not do so because he was detained under the ‘Kerala Anti-Social Activities Prevention Act’.
Democratic mandate should be respected: HC
The High Court said in its decision on Monday that even though BJP councilor Sugathan cannot be released due to preventive detention under KAAPA, the democratic mandate of the people should be respected. Sugathan, elected from Vazhottukonam ward in Thiruvananthapuram, has to take oath again as her previous oath was declared invalid.
The court directed the jail authorities and Thiruvananthapuram Corporation to help organize the swearing-in ceremony inside the jail. Also, Sugathan, who was in custody, was allowed to take the oath of office from Viyyur Central Jail on July 14.
After the court’s decision, politics heated up in the state. Many types of political reactions also came from political parties. The Bharatiya Janata Party (BJP) welcomed the decision, while the opposition LDF termed it a stain on the image of the state capital. LDF parliamentary party leader SP. Deepak said, “Allowing a person detained under KAAPA and facing multiple criminal cases to take oath from jail is not acceptable.”
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