Kerala: Judge who made controversial observations in sexual harassment case transferred

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Kozhikode District and Sessions judge S Krishnakumar, who had made controversial observations in his orders while granting bail to an accused in two sexual harassment cases, has been transferred as Presiding Officer of Labour Court in Kollam. According to the transfer order issued by the Kerala High Court, Muralee Krishna S, District and Sessions Judge, Manjeri, will be the new District and Sessions judge, Kozhikode.

In the judiciary-transfer and posting orders of District and Sessions judges issued by the high court late on Tuesday, as part of its routine administrative affairs, has transferred two other judges also.

Judge Krishnakumar's observations regarding survivors in his two orders on the anticipatory bail pleas moved by accused 'Civic' Chandran, who is also a writer and social activist, in two sexual harassment cases had stirred up a nation-wide controversy.

The Kerala government has moved the High Court seeking to set aside the sessions court orders granting bail to 'Civic' Chandran in sexual harassment cases against him.

Also Read: No prima facie sexual harassment if woman's dress is 'provocative': Kerala court

Opposing the sessions court order granting bail to Chandran in a case of sexually abusing a Dalit woman, the state government has contended that the judgement of the lower court "suffers from illegality and manifest errors" warranting its intervention.

While granting bail to Chandran in the case, judge Krishnakumar, in his order dated August 2, had observed that the accused is a reformist, and against the caste system and it is highly unbelievable that he will touch the body of the victim fully knowing that she belongs to the Scheduled Caste (SC).

The judge had also made controversial observations about the dressing of the survivor while granting bail to Chandran in the bail application moved by Chandran in another case of sexual harassment against him.

In its August 12 order, the court had observed that the photograph of the complainant, produced by the accused along with the bail application, would explain that she "herself is exposing to dresses which are having some sexual provocative one and it is impossible to believe that a man aged 74 and physically disabled can forcefully put the complainant on his lap and sexually press her breast."

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