The Kerala High Court on 13 July 2026 directed the State to facilitate the oath‑taking of detained Thiruvananthapuram Councillor Sugathan R from inside Viyyur Central Prison. Justice P.V. Kunhikrishnan passed the order on a writ petition filed by the councillor, who is presently detained under the Kerala Anti‑Social Activities (Prevention) Act 2007 (KAAPA).
The court observed that, because the petitioner is detained under KAAPA, it lacks the authority to release him for the purpose of attending the swearing‑in ceremony outside the prison premises. Nevertheless, the bench emphasised that in a democratic system the people's mandate must be honoured and that a procedural lapse should not be allowed to nullify that mandate.
Sugathan R was elected from Ward No. 20 (Vazhottukonam) in the 2025 local body elections. He had initially taken the oath of office on 21 December 2025. The High Court subsequently declared that oath invalid on the ground that an elected representative may not expand or modify the statutory form of the oath by invoking specific deities, political martyrs, organisations or public figures. A re‑swearing‑in ceremony for all councillors was scheduled for 24 June 2026, but Sugathan R could not participate because he was then under preventive detention.
Following the invalidation of his first oath, the councillor submitted a representation to the State Government and the Thiruvananthapuram Corporation requesting arrangements for him to retake the oath. The Mayor of Thiruvananthapuram Corporation fixed the oath‑taking ceremony for 11 a.m. on 14 July 2026 at the Corporation Conference Hall. In anticipation of the event, the Judicial First Class Magistrate Court‑II, Nedumangad, granted the petitioner an interim bail from 5 p.m. on 13 July until 9 p.m. on 14 July 2026, expressly to enable him to attend the ceremony and travel between the prison and the venue.
Despite the interim bail order, the petitioner contended that the State authorities had not taken any decision on his request for temporary release. He therefore approached the High Court seeking direction that the oath be administered inside the jail.
The High Court, after hearing the parties, directed the Superintendent of Viyyur Central Prison to make the necessary arrangements to conduct Sugathan R's swearing‑in ceremony inside the prison at 11 a.m. on 14 July 2026. The order further permitted the Mayor and the minimum required officers of the Thiruvananthapuram Corporation to enter the jail premises to complete the procedure. Accredited media persons were also authorised to be present at the ceremony.
In its reasoning, the court stated that it could not release the petitioner due to his detention under KAAPA, but added that ‘in a Democracy, the people's mandate is to be respected’. It warned that allowing a solitary disputed oath to undermine the democratic process would be contrary to the court’s duty. The bench concluded that the case was a fit one for permitting the oath to be taken inside the jail, thereby preventing the people's mandate from being ‘massacred by a procedural lapse’.
The case is titled Sugathan R v State of Kerala and Others, bearing WP(C) 23803/2026. Counsel for the petitioner included Suvin R Menon, P. Vijayakumar, T.C. Krishna, Parshathy S.R, Govind P, Achuth Krishnan R. and Cristy Theresa Suresh.