Session Judge Who Passed 'Provocative Dress' Order In Civic Chandran's Case Moves Kerala High Court Challenging His Transfer

Principle District and Sessions Judge, Kozhikode, S. Krishnakumar, who was recently transferred to the post of Presiding Officer, Labour Court, Kollam, subsequently after passing the 'Provocative Dress' remark in the Civic Chandran's Case, has approached the Kerala High Court challenging his transfer order. 

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.

The petitioner 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. 

The petitioner further avered that the petitioner is to retire from service in May 2023 and the petitioner is having unblemished service of 27 years and at the flag end of his career transferring the petitioner from the post of Principle District and Sessions Judge, Kozhikode and posting the petitioner as a Presiding Officer, Labour Court, Kollam would tell upon his dedication and sacrifice made by him while discharging duty as a judicial officer. 

He further contended in the petition that no officer can be transferred by an administrative order passed as a part of his official duty. Citing an Apex Court decision, the petitioner submitted that a wrong order passed by a judge while discharging his official judicial duty cannot be a special circumstance necessitating transfer.

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