Judge Who Passed 'Provocative Dress' Order Moves Kerala HC Against His Transfer

The judge's controversial order in the Civic Chandran case had drawn widespread criticism.

The judge's order in the bail hearings of Civic Chandran – a well-known activist, writer and former Maoist, in two sexual harassment cases, has drawn wide criticism.

(Photo: iStock)

Principal District and Sessions Judge, Kozhikode, S Krishnakumar, who was transferred after his controversial remarks in the Civic Chandran case, moved an application in the Kerala High Court on Monday, 29 August, challenging his transfer.

The petition avers that a judicial officer can be transferred before completing the three-year term in a post only if it is necessary for the administration or under special circumstances, as per a LiveLaw report. A wrong order passed while discharging judicial duty cannot be a ground for transfer, it says.

The plea has been moved through Advocates Dinesh Mathew J Muricken, Ahammad Sachin K, Nayana Varghese and Vinod S. Pillai, and alleges that the transfer is illegal, arbitrary, and violative of Article 14 of Constitution.

The judge's order on 12 August in the bail hearings of Civic Chandran – a well-known activist, writer and former Maoist, in two sexual harassment cases, had drawn wide criticism.

• First Case: A Dalit writer complained to the police that Chandran had tried to kiss her on her neck and outraged her modesty on 17 April.

• Second Case: A woman alleged that Chandran sexually harassed her in 2020 at a poetry camp at Kozhikode’s Nandi beach.

He had ruled that sexual harassment would not prima facie stand if the survivor was wearing "sexually provocative dress" in the first case. In the second order, the same court held that because the accused is a reformer who is engaged in social activities against the caste system, “it is highly unbelievable that he will touch the body of the victim fully knowing that she is a member of a Scheduled Caste."

His transfer had been issued on 23 August.

(With inputs from LiveLaw)