Kerala HC sets aside transfer of ‘provocative dress’ judge
The Kerala high court Wednesday set aside the HC registrar general’s order transferring Kozhikode principal district and sessions judge S Krishnakumar to a labour court at Kollam.
The transfer was ordered after he delivered the controversial ‘sexually provocative dress’ judgment.
A division bench considered an appeal filed by Krishnakumar. Granting anticipatory bail to writer Civic Chandran in a sexual assault case, the judge had said in the order that a sexual harassment case would not prima facie stand as the victim was wearing a sexually provocative dress.
A single bench had, on September 1, declined to interfere with the transfer order. The finding and observation by the lower court were expunged by the high court on October 13 after considering appeals by the state government and the survivor.
The division bench said that if the judge failed to follow the guidelines issued by the Supreme Court regarding observations by judges (Aparna Bhat and others vs state of Madhya Pradesh and another, 2021), he cannot be taken to task for such judicial action but is to be corrected by the higher courts in the appeal stage.