BJP moves Kerala HC as KAAPA shadow looms over its council member

However, since he continues to remain under preventive detention under KAAPA, the BJP maintains that he cannot complete the oath-taking process without further orders from the High Court.
Kerala HC
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THIRUVANANTHAPURAM: With less than three weeks left for the next meeting of the Corporation council, the ruling BJP has moved the Kerala High Court seeking relief for its councillor R Sugathan, whose oath of office remains pending as he continues to be detained under the Kerala Anti-Social Activities (Prevention) Act (KAAPA), despite securing interim bail by the Nedumangad Magistrate Court in two criminal cases on Thursday.

However, since he continues to remain under preventive detention under KAAPA, the BJP maintains that he cannot complete the oath-taking process without further orders from the High Court. “The interim bail was granted specifically to enable him to take the oath. We have already approached the High Court based on its earlier directive regarding oath-taking and expect a favourable order,” said Thiruvananthapuram city district BJP president Karamana Jayan. The development comes at a crucial juncture for the BJP-led corporation, which is constitutionally required to convene its next council meeting before the end of July. Sugathan’s continued absence has raised concerns within the party over his ability to participate in the upcoming meeting.

Responding to the allegations of administrative paralysis at the corporation by the opposition parties, Jayan said that the allegations are baseless. “There is no governance crisis at the corporation. The criminal cases and the invocation of KAAPA against the councillor is politically motivated. The court has understood that these cases are politically motivated. The police sought two days’ custody, but the court granted only three hours. We are confident the High Court will also clear the KAAPA issue,” he said.

CPM district president and MLA V Joy said that even if the court permits Sugathan to take the oath, it may not allow him to attend the council meeting.

“I don’t think the court will permit him to participate in the council meeting while on bail. It may only permit him to take the oath,” he said.

He said that if Sugathan fails to attend the mandatory council meetings, the corporation secretary would have to report the matter to the State Election Commission.

The opposition parties, both the LDF and the UDF, are preparing for the by-election in the Vazhottukonam ward anticipating a possible disqualification of the councillor by the Election Commission. UDF parliamentary party leader K S Sabarinadhan said that the bail granted by the Nedumangad Court is a technical relief and doesn’t address the issue. “The hurdle is the KAAPA detention. Unless the High Court sets aside the detention, the bail serves little purpose enabling Sugathan to take the oath,” said Sabarinadhan.

He alleged that for the past two months, the BJP-led corporation has come to a standstill, with its entire focus on securing relief for one councillor. “The civic administration has suffered badly. The corporation itself has admitted that waste management has collapsed. Instead of addressing the city’s mounting problems, the BJP is using the Sugathan issue as a diversion,” he alleged.

The Nedumangad magistrate court on Thursday granted a day’s interim bail to BJP councillor R Sugathan, who has been detained under KAAPA. The court granted bail from July 13, 5 pm to July 14, 9 pm to attend the swearing-in ceremony. The court granted bail in two criminal cases that were under consideration.

Sugathan was granted bail in an attempt-to-murder case and a case registered for attacking police personnel. However, Sugathan can only take part in his ceremony depending on the High Court verdict on his petition seeking bail. Sugathan’s presence in the council is crucial for BJP, which has got 50 members in the 101-member corporation council. The BJP is currently ruling with the support of an independent councillor.

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