A division bench of the Kerala High Court, in an interim order on Friday, stayed the transfer of the Kozhikode district sessions judge who had made the controversial “sexually provocative dress” observation. A single-judge bench of the HC had earlier rejected a plea by the Judge Krishnakumar challenging his transfer order.
In a controversial observation made during the hearing of bail pleas moved by accused author and social activist ‘Civic’ Chandran, in two sexual harassment cases, the judge had said that sexual harassment offence would not stand when the woman was wearing “sexually provocative dress”.
Also Read: Kerala High Court stays order granting bail to Civic Chandran in sexual harassment case
The judge had further observed, in his order dated August 2, that the accused is a reformist, and against the caste system and it is highly unbelievable that he would touch the body of the victim fully knowing that she belongs to the Scheduled Caste (SC).
His observations regarding the survivors had stirred up a nation-wide controversy.
Judge S Krishnakumar, 59, was the Principal District and Sessions Judge, Kozhikode and was transferred as the presiding officer of Labour Court, in an order issued by the Registrar of the High Court on August 24. This transfer order came following his controversial observations.
On September 1, the Kerala High Court had dismissed a plea moved by the judge Krishnakumar against his transfer order. Justice Anu Sivaraman had said there was no reason to interfere with the transfer order for the post as he was transferred to a post equivalent to that of a District Court judge.
The High Court had said that the judge had not lost any legal rights due to the transfer, and he has a responsibility to work at the place of assignment, adding that the transfer was part of normal procedure.
Also Read: Civic Chandran case: Kerala judge who made ‘sexually provocative dresses’ remark transferred
In his appeal before the division bench on Friday, Judge Krishnakumar had challenged the single bench order saying that his transfer was not in the interest of the administration of justice.
Earlier, the Kerala government had moved the High Court seeking to set aside the sessions court orders granting bail to the sexual harassment accused author.
