The Kerala High Court has criticised the state government for invoking the Kerala Anti-Social Activities (Prevention) Act (KAAPA) against Thiruvananthapuram Corporation Councillor R. Sugathan. The High Court has quashed the preventive detention order issued against Sugathan and granted him bail.
Key Observations of the High Court:
- The government failed to independently consider the representations submitted by Sugathan.
- Waiting for the KAAPA Advisory Board’s report constituted a violation of fundamental rights.
- The government did not evaluate whether the anticipatory bail granted by the High Court was sufficient to prevent further offenses.
- The failure to provide all relevant documents obstructed Sugathan’s legal rights.
- The High Court noted that the government issued the KAAPA order casually.
Sugathan, a BJP leader, represents the Vazhotukonam ward in the Thiruvananthapuram Corporation. While lodged in Viyyur Central Jail under the KAAPA case, he made headlines by becoming the first people’s representative in Kerala’s history to take the oath of office as a corporation councillor from inside prison. His initial oath taken in the name of Gurudeva was later nullified by the High Court following a complaint by CPI(M) leader Deepak, necessitating a re-taking of the oath.
For more details: Navamalayalam.com