Kerala HC division bench stays transfer of Sessions judge

A division bench of the Kerala High Court on Friday stayed the transfer order of a lower court judge, who grabbed headlines when he granted anticipatory bail to activist Civic Chandran.

Principle District and Sessions Judge, Kozhikode, S. Krishnakumar, had last month held that sexual harassment case would not prima facie stand if the victim was wearing a “sexually provocative dress”.

Krishnakumar was looking into the case based on a complaint by a Dalit writer, wherein she alleged that Chandran, who is in his 70s, tried to kiss her on the neck and outraged her modesty.

Soon after this incident, a furore broke out and the lower court judge was transferred as the Presiding Officer of the Labour Court at Kollam.

He then filed a petition before a single bench of the High Court, but the court dismissed the plea observing that the petition (appellant), who is a member of higher judicial service, cannot be said to be prejudiced in any manner for his posting as Presiding Officer of Labour Court, which is a post born from the cadre of District Judge.

It was against this judgement, that the judge filed an appeal petition before the Division Bench of Justice A.K Jayashankaran Nambiar and Justice C.P.Mohammed Nias which stayed the transfer order.




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