KOCHI: The Kerala High Court on Monday directed prison authorities to make arrangements for Thiruvananthapuram Corporation councillor R Sugathan, who is under preventive detention under the Kerala Anti-Social Activities Prevention Act (KAAPA), to take his oath of office inside the Central Prison, Viyyur, on Tuesday.
The High Court directed the Superintendent of the Central Prison, Viyyur, to make necessary arrangements for the swearing-in ceremony at 11 am on July 14.
It also permitted the Mayor of Thiruvananthapuram and the minimum required corporation officials to enter the prison to administer the oath.
Justice PV Kunhikrishnan passed the order on a writ petition filed by Sugathan, who sought directions to enable him to take the oath on Tuesday, July 14, in compliance with an earlier High Court judgment.
The court had earlier invalidated the oath taken by Sugathan and a few other councillors after they took it in the name of Sree Narayana Guru, local deities, and others instead of in the manner prescribed under the Kerala Municipality Act.
While the other councillors retook the oath, Sugathan could not do so as he was detained under KAAPA.
The State opposed his release from prison, pointing out that preventive detention under KAAPA barred such relief. However, the Director General of Prosecution informed the court that if directed, the State was willing to facilitate the oath-taking inside the prison.
Observing that democracy and the people's mandate should be protected, the court held that the petitioner's inability to retake the oath because of his detention should not defeat the democratic process.
"When extraordinary situations arise, this Court must take extraordinary decisions to protect democratic principles and the people's mandate," the court observed.
The court further directed that accredited media persons be allowed to cover the swearing-in ceremony inside the prison.