Kerala HC quashes KAAPA detention of BJP councillor R Sugathan

The Kerala High Court quashed the preventive detention order under the Kerala Anti-Social Activities (Preventive) Act against BJP councillor R Sugathan, granting major relief to the elected representative who was lodged in Viyyur Central Prison.

The Kerala High Court has quashed the preventive detention order issued under the Kerala Anti-Social Activities (Preventive) Act (KAAPA) against R Sugathan, a BJP councillor representing the Vazhottukonam division of the Thiruvananthapuram Corporation, granting major relief to the elected representative who was lodged in Viyyur Central Prison.

The order was challenged through a habeas corpus petition filed by Sugathan's wife, who questioned the validity and grounds of the preventive detention order passed by the authorities. After considering the petition and the circumstances surrounding the detention, the High Court set aside the KAAPA order.

Sugathan's Legal History

Sugathan had previously faced around 19 criminal cases registered across various police stations, including Vattiyurkavu and Nedumangad. The cases include allegations relating to rioting, attempted murder and criminal intimidation.

His detention had earlier attracted attention after the High Court granted him special permission to take his oath of office as a councillor inside Viyyur jail. The court had observed that an elected representative's democratic mandate should not be invalidated solely because of preventive detention.

Controversy Over Council Leave

The latest order comes months after the Thiruvananthapuram Corporation Council approved six months' leave for Sugathan amid protests by Opposition UDF and LDF councillors.

Sugathan, who was lodged in Viyyur Central Prison after being detained under KAAPA, had submitted his leave application through the prison superintendent. The 101-member corporation council approved the application with 51 votes, including the support of Independent councillor Sudheesh Kumar and Mayor V V Rajesh's casting vote.

The BJP had cited a Home Department circular dated July 2, 2026, issued after Sugathan sought escort parole to attend council meetings. The circular stated that while his request for escort parole was rejected, he could seek leave through the Corporation Council.

Opposition Slams Decision

The move had triggered protests from UDF and LDF councillors, who questioned the legality of granting leave to a councillor detained under KAAPA. Under Section 91 of the Kerala Municipality Act, 1994, a councillor who remains absent from three consecutive council meetings without permission is liable to face disqualification. Sugathan's disqualification could have affected the BJP's slender majority in the corporation, where it governs with the support of an Independent councillor. Congress councillor KS Sabarinathan had termed the move illegal and said legal steps would be initiated seeking Sugathan's disqualification. CPI(M) councillor S P Deepak had alleged that granting leave to a KAAPA detainee through a council vote amounted to undermining the justice system.

Defence and Precedent for Leave Approval

Independent councillor Sudheesh Kumar defended his decision to support the leave application, saying it was intended to ensure the smooth functioning of the council and that a criminal case alone should not deprive an elected representative of his position.

The Corporation Secretary had also referred to a 2024 Kerala High Court judgment that restored the membership of a judicially remanded panchayat member, holding that an elected representative should not lose office merely because they were unable to attend meetings while in judicial custody after making efforts to do so. (ANI)

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