Kerala: HC rejects plea challenging transfer order of judge who made “provocative dress” remark

The Kerala High Court on Thursday junked a plea moved by former Additional District and Sessions Judge S Krishna Kumar, who made the controversial “provocative dresses” remark while granting bail to an accused in two sexual harassment cases, challenging his transfer order to Labour Court, Bar and Bench reported.

On August 24, the former Kozhikode Principal District and Sessions Judge was transferred as presiding officer of the Labour Court.

Judge Kumar had granted anticipatory bail to author Civic Chandran on August 2 in a sexual harassment case, on grounds that the charge cannot be upheld since the complainant was wearing “sexually provocative dress”.

Also Read: Kerala High Court stays order granting bail to Civic Chandran in sexual harassment case 

A single-judge justice Anu Sivaraman dismissed the petition, saying there was no reason to interfere with the transfer order, and that he has been transferred to a position equivalent to that of a District Court Judge.

The High Court said that the judge has not lost any legal rights due to the transfer, adding that Krishnakumar has a responsibility to work at the place of his assignment.

The court also said that his transfer was part of normal procedure.

In his plea, the 59-year-old Judge had said that he was discharging his duties as Principal District and Sessions Judge, Kozhikode, from June 6, and his transfer order was against norms, PTI reported. He contended that according to norms, he was entitled to continue as the Kozhikode judge till his retirement on May 31, 2023.

Author Civic Chandran, who is accused by women of sexual harassment, was granted anticipatory bail on August 2 by the Judge who said that it was “highly unbelievable that he will touch the body of the victim fully knowing that she is member of Scheduled Caste”.

Granting bail to the 74-year-old author, the court had said in its order, “In order to attract this Section, there must be a physical contact and advances involving unwelcome and explicit sexual overtures. There must be a demand or request for sexual favours. There must be sexually colored remarks. The photographs produced along with the bail application by the accused would reveal that defacto complainant herself is exposing to dresses which are having some sexual provocative one (sic). So, Section 354A will not prima facie stand against the accused.”

Also Read: Civic Chandran case: Kerala judge who made ‘sexually provocative dresses’ remark transferred

The Kerala government had moved the HC challenging the bail order passed by the Sessions court, contending that it was “unjust” and could cause trauma to the complainant. The appeal was upheld and the anticipatory bail granted to Chandran was stayed by the High Court.