Kerala High Court Extends Stay On Transfer Of Sessions Judge Who Passed 'Provocative Dress' Order

Adjourning the matter to a later date, the Kerala High Court Monday extended its stay on the transfer of Principle District and Sessions Judge, Kozhikode, S. Krishna Kumar - who had passed the controversial 'Provocative Dress' order in Civic Chandran's case, to the post of Presiding Officer, Labour Court, Kollam.

The Division Bench consisting of Justice A K Jayashankaran Nambiar and Justice Mohammed Nias C P adjourned the case for after a week, as the High Court Registrar sought time for filing an explanation on the reason for the judge's transfer

In the Appeal, the judicial officer has challenged the dismissal of his plea by a single bench against the transfer order.

The trial court judge last month observed that the offence under Section 354A of the Indian Penal Code is not prima facie attracted when the woman wears "sexually provocative dresses". Following an outcry against his observation in the order granting anticipatory bail, he was transferred from the post. The order granting pre-arrest bail was later stayed by the HC on State's appeal.

The judicial officer has contended that the order of dismissal by Single Judge is not sustainable in law as the finding - that transfer norms are only guidelines and that it will not confer any right on the transferred employee - is against the dictum laid down by the Apex Court in a recent decision on a similar matter.

The Single Judge had dismissed the plea observing that the petition (appellant), who is a member of higher judicial service, cannot be said to be prejudiced in any manner for his posting as Presiding Officer of Labour Court, which is a post born from the cadre of District Judge.

Case Title: S. Krishnakumar v. State of Kerala & Ors.