Kozhikode District and Sessions Judge S. Krishnakumar who had stirred up a controversy following his observations about the dressing of the survivor in a sexual harassment case booked against writer Civic Chandran was transferred out of the district.
He was shifted as the Presiding Officer, Labour Court, Kollam, on Tuesday. S. Muralee Krishna, District and Sessions Judge, Manjeri, will be the new Kozhikode District and Sessions Judge.
The transfer order of Mr. Krishnakumar, which was published on the website of the Kerala High Court late in the night, came along with that of three others as part of routine administrative affair. Interestingly, the transfer order comes almost a week after the controversial order that had invited international media attention.
While allowing the anticipatory bail plea of Mr. Chandran in the case, the judge had observed in his order that the survivor herself was “exposing to dresses which have some sexual provocative one [sic].”
Outraged by what was termed as a misogynist remark, several political parties, organisations, and women's organisations had sought action against the judge.
The survivor in the case and the State government had challenged the order of the Sessions Judge at the Kerala High Court.
Commenting on the court order, several senior lawyers felt that the judge wrongly relied on photographs from the social media accounts of the survivor to conclude that Section 354 (A) of the Indian Penal Code (IPC) (assault or use of criminal force to woman with the intent to disrobe her) would not prima facie stand against the accused.
The judge had also concluded in the order that the accused, who was a 74-year-old physically challenged man, cannot forcibly molest her.
