Kerala High Court Reserves Its Order On The Plea moved by Judge Who Passed 'Provocative Dress' Order In Civic Chandran's Case

The Kerala High Court on Tuesday reserved order in the plea moved by the Principle District and Sessions Judge, Kozhikode, challenging his transfer order to the post of Presiding Officer, Labour Court, Kollam, subsequently after passing the 'Provocative Dress' remark in the Civic Chandran's Case.

Justice Anu Sivaraman observed that the transfer is not a deputation as it is well within the cadre of the Principle District Judge.

In the petition moved through Advocates Dinesh Mathew J. Muricken, Ahammad Sachin K, Nayana Varghese and Vinod S. Pillai, the Petitioner challenges the transfer from the post over a controversial remark about the dressing of a sexual assault survivor in a judicial order alleging that the transfer is illegal, arbitrary and violative of Article 14 of the Constitution.

The Petitioner submitted in the petition 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. A wrong order passed while discharging judicial duty cannot be a ground for transfer. Further, submitted that the post of Presiding Officer of a Labour Court is a deputation post and posting the petitioner in a deputation post requires the consent of the petitioner. Since the consent of the petitioner is not obtained, it is contended that the posting of the petitioner as a Presiding Officer, Labour Court, Kollam is illegal.

When the matter was taken up today, the Court opined that only in cases where High Court itself deputies the judge consent is sought. Further remarked that the order is a transfer simpliciter and what is there to show that the transfer is made on the basis of the wrong order.

The Judge, on August 12, granted anticipatory bail and expressed disbelief that the 74-year-old physically disabled accused could forcefully put the defacto complainant in his lap and press her breasts. The Judge went on to remark that "the defacto complainant herself is exposing to dresses which are having some sexual, provocative one".

The remark sparked a massive social media outrage, following which the Kerala Government moved to the High Court, challenging the order citing that the reasoning given by the Sessions Court suffered from "illegality, lack of sensitivity, sobriety and perversity".

Case Title: S. Krishnakumar v. State of Kerala