'Sexually provocative dress' remark: Kerala HC dismisses plea of Judge challenging transfer order

Kochi (Kerala) [India], September 1 : The Kerala High Court on Thursday dismissed the petition of S Krishnakumar, who was the judge at Kozhikode Sessions Court who made controversial remarks of 'sexually provocative dress', challenging his transfer.
He was transferred from the post of Sessions Judge to the presiding officer of Kollam labour court last Tuesday after this remark.
He has submitted the petition to the High Court against the transfer order issued by the administrative section of the High Court.
The said petition has been dismissed by the Single Bench of Justice Anu Sivaraman today.
A bench of S Krishnakumar in the Kozhikode Sessions Court order, which was passed on August 12, had created a controversy as it had observations to the effect that sexual harassment complaints would not stand if the woman was wearing a "sexually provocative dress".
The court observed this while granting anticipatory bail to writer and social activist Civic Chandran in a case of sexual harassment.
In today's order, Kerala High Court observed that "I fail to see what legal right of the petitioner is infringed by the transfer order and I am of the opinion that the grounds raised in the writ petition do not justify the grant of any plea sought for.
The said transfer order was an order simpliciter, and there wasn't anything in the order to show that the transfer was made for passing an erroneous order, the court added.
"The transfer to the post of Presiding Officer of a Labour Court is not a deputation as it is well within the cadre of the Principle District Judge," the court noted.