Kerala / Kerala HC stays transfer of judge who made 'provocative clothing' remarks

The Kerala High Court on Friday stayed the transfer of a sessions judge who made controversial remarks in its order while granting bail to an accused in two sexual assault cases in Kozhikode district. A division bench of Justices AK Jaishankaran Nambiar and Mohd Nias, challenging the order of the single bench upholding the order issued last month by the registrar of the high court, directed the sessions judge S. Considering Krishnakumar's petition, the transfer was stayed.

The court adjourned the matter till September 26 and directed the respondents to file counter-affidavits by that day. In its order, the court said, "The interim stay (on transfer) is hereby granted as requested (in the petition)."

Krishnakumar (59), in his petition before the single bench, had stated that he was discharging his duty as the Principal District and Sessions Judge of Kozhikode with effect from June 6, 2022 and his transfer order issued by the Registrar of the High Court has been passed on the transfer norms. was against. The single judge had on September 1 dismissed his plea, saying there was no reason to interfere with the transfer order as the presiding officer of the labor court to which he was transferred was at par with the judge of the district court. was.

The judge has challenged the order of the single bench

In his petition challenging the order of the single bench, Krishnakumar argued that the court's finding that the transfer criterion is only a guideline and does not confer any right on the transferred employee, is clearly against the order of the Supreme Court. The judge, in his plea, said that the single bench should have considered the fact that as per rules, a judicial officer can be transferred during a period of three years, provided it is necessary in the interest of judicial administration and he (single bench) The bench has not proved that the transfer of the appellant is in the interest of judicial administration.

The accused had reached the court for anticipatory bail

In two of his orders on the anticipatory bail pleas of 'Civic' Chandran, an accused in two sexual assault cases, Judge Krishnakumar's comments about the victims had sparked a controversy. He, while considering the bail application in one of the cases, had said that it does not appear to be credible that the accused would touch the body of the victim despite her belonging to a Scheduled Caste.

Controversial remarks were made on the dress of the victim

The judge had also made controversial remarks about the dress of the victim in another sexual assault case. In its August 12 order, the court had observed that the photograph of the complainant, produced by the accused along with the bail application, shows that he himself was dressed in a sexually provocative manner and it is impossible to believe that he was of the age of 74 years. person and physically incapacitated will ever commit such an offence. The Kerala government has moved the High Court seeking quashing of the sessions court's orders granting bail to Civic Chandran in both the cases.