BJP councillor R. Sugathan, elected from the Vazhottukonam ward of the Thiruvananthapuram Corporation, is set to take his oath of office inside Viyyur Central Jail on Tuesday — a first in Kerala's local self-government history. The Kerala High Court permitted the swearing-in ceremony to be held within the prison premises, clearing a constitutional path for an elected representative who remains in judicial custody.

The Ceremony and Its Unusual Setting

The oath-taking is scheduled for 11 a.m. in the office chamber of the Superintendent of Viyyur Central Jail. Thiruvananthapuram Mayor and senior Bharatiya Janata Party (BJP) leader V.V. Rajesh has been granted permission to attend the ceremony. The arrangement was finalised after the High Court's order and the approval of the Prison Department, ensuring Sugathan's constitutional right as an elected representative is upheld.

Rajesh confirmed the development, stating: 'Accordingly, the re-taking of the oath by Sugathan will take place in the office room of the Superintendent of Viyyur Central Jail.'

Why Sugathan Remains Behind Bars

Sugathan is currently held under a preventive detention order issued under the Kerala Anti-Social Activities (Prevention) Act (KAAPA) in connection with multiple criminal cases. He secured bail in two separate criminal cases from a local court in Thiruvananthapuram earlier this month. However, the KAAPA detention order keeps him in custody independently of those bail orders.

When asked whether the KAAPA order would be challenged, Rajesh said the legal course would be decided by the BJP and Sugathan himself.

High Court Order Behind the Arrangement

The High Court had earlier disqualified 20 councillors of the Thiruvananthapuram Corporation for violating their oath of office and directed them to re-take the oath within four weeks. Of these, 19 councillors have since complied. Sugathan was the sole exception, as his custody prevented him from doing so. The deadline for re-taking the oath expires on 24 July, making Tuesday's in-jail ceremony the only viable option.

Opposition View: Rights Protected, Disqualification Separate

UDF Parliamentary Party leader in the Thiruvananthapuram Corporation, Adv. K.S. Sabarinadhan, welcomed the High Court's order but cautioned against over-reading it. '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 Indian National Congress (Congress) legislator, also clarified that the current proceedings have no bearing on a potential disqualification. '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.

What Comes Next

On the question of the next Corporation Council meeting, Mayor Rajesh said no date had been fixed but confirmed that at least one meeting would be held this month, with an emergency session possible if urgently required. The question of Sugathan's disqualification as a councillor — a distinct legal matter — is expected to be taken up once the council convenes.