'Sexually provocative dress' remark: Kerala HC stays transfer order of judge
Sep 16, 2022
Kochi (Kerala) [India], September 16 : Kerala High Court has stayed the transfer order of S Krishnakumar, who was the Judge at Kozhikode Sessions Court, and who made a controversial remark about 'sexually provocative dress'.
After the controversial remark, he was transferred from the post of Sessions Judge to the presiding officer of Kollam labour court.
The move was made in response to an appeal filed by the Judge challenging the High Court Single Bench's order dismissing his appeal against the transfer order. The Division Bench of Justice A K Jayashankaran Nambiar and Justice Mohammed Nias CP stayed the transfer order.
In the appeal, he contended that "It is not sustainable in law as the finding of the single Judge that the transfer norms are only guidelines and that it will not confer any right on the transferred employee. The order is against the dictum laid down by the Apex Court in a recent decision on a similar matter. The Single Judge failed to consider the facts of the case as a judicial officer can be transferred during the currency of three years if it is necessary in the administration of justice, and in the appellant's case, the Single Judge had not held that the transfer of the appellant is in the interest of the administration of justice."
"The finding of the Single Judge that the appellant cannot be said to be prejudiced in any manner by his transfer as a Presiding Officer, Labour Court, Kollam district is not correct. The appellant is a Special Grade District Judge and was discharging duty as Principal District and Sessions Judge, and that post is occupied by the senior most Special Grade District Judge therefore, transferring and posting the appellant will necessarily result in prejudice," he said.
The transfer order was issued by the administrative section of the High Court.
The 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 the appeal, he sought interim relief to stay the transfer order.
