HC dismisses plea of Kerala judge transferred days after ‘provocative dress’ order

The Kerala High Court has dismissed the plea moved by Sessions Judge S Krishnakumar against his transfer, which came days after his controversial observations over a survivor’s ‘provocative dress’ in the order granting bail to Civic Chandran, who has an accused in two sexual harassment cases. Judge Krishnakumar, who was the Principal District and Sessions Judge in Kozhikode, was transferred as the Presiding officer of the Labour Court, and later moved the High Court against this order. On Thursday, Justice Anu Sivaraman of the Kerala High Court said there was no reason to interfere with the transfer order as the post that he has been transferred to was equivalent to that of a District Court Judge.

The high court said that judge S Krishnakumar has not lost any legal rights due to the transfer and he now has a responsibility to work at the place of assignment. The court also said that the transfer was part of normal procedure.

Krishnakumar, 59, in his plea had said that he was discharging his duty as a Principal District and Sessions Judge, Kozhikode, from June 6, 2022, and his transfer order issued by the Registrar of the High Court was against the transfer norms. He had contended that as per transfer norms, he was entitled to continue as Principal District and Sessions judge, Kozhikode, till his retirement on May 31, 2023.

Krishnakumar had said he could be transferred as per the norms before completing three years of service only if it is necessary for the interest of administration or under any special circumstances. "Wrong order passed while discharging judicial duty cannot be a ground for transfer," the judge said in the plea.

Krishnakumar's observations regarding survivors in his two orders on the anticipatory bail pleas moved by accused Civic Chandran, who is also a writer and social activist, in two sexual harassment cases had stirred up a controversy. While granting bail to Chandran in the case, Krishnakumar, in his order dated August 2, observed that the accused is a reformist, and against the caste system and it is highly unbelievable that he would touch the body of the survivor, fully knowing that she belongs to the Scheduled Caste (SC).

The judge had also made controversial observations about the dressing of the survivor while granting bail to Chandran in the bail application moved by the latter in another case of sexual harassment against him. 

In its August 12 order, the court had observed that the photograph of the complainant, produced by the accused along with the bail application, would explain that she herself dressed in a sexually provocative manner and it is impossible to believe that a man aged 74 and physically disabled would ever do the offence.

The Kerala government has moved the High Court seeking to set aside the sessions court orders granting bail to Civic Chandran in both cases.