Kerala: Supreme Court cancels transfer of judge who made controversial statement on woman’s clothing in sexual harassment case

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Highlights

The transfer of the judge who made controversial remarks in the bail order was cancelled
Kerala High Court said the decision to transfer is ‘punitive’ and ‘unfair’
There is also a negative impact on the morale of other judicial officers in the state.

Kochi. The Kerala High Court on Wednesday canceled the transfer of a trial judge who made controversial remarks in his order granting bail to an accused in two sexual assault cases. The court said the decision to transfer them was “punitive” and “unfair”. Judge A. Of. Jaishankaran Nambiar and Justice Mohammad Nias CP Presiding over a labor court, Sessions Judge S. Krishna Kumar’s transfer said it was not only a “prejudiced and ill-willed” decision against him but would also have “an adverse impact on the morality of judges in the state”.

However, the bench said the remarks made by the judge in the bail order were “derogatory to women and completely inappropriate”. The court said there were media reports criticizing Krishnakumar for his remarks immediately after the decision to transfer him was taken. “Apart from this, no reason for transfer is seen,” the court said. Earlier, the Registrar General of the Kerala High Court, Secretary General P. Krishna Kumar, had questioned the views of the Sessions Judge in an affidavit filed in the court. The affidavit said the Sessions Judge had behaved unfairly earlier also when he had once disposed of the case by giving a date of hearing to the accused through WhatsApp message.

The entire image of the judiciary was damaged among the general public.
The registrar general said the decision to transfer the sessions judge to a labor court in Kollam district was also taken because of the “repeated unfair approach” in other cases of sexual harassment. Notably, the transfer of the Sessions Judge was upheld by the High Court’s Single Judge. This order was appealed by the Sessions Judge, whereupon the Registrar filed this affidavit. In separate sexual harassment cases, Sessions Judge SK Referring to Krishnakumar’s controversial orders, the Secretary General said that “this order shows the unjust attitude of the officer”. The Secretary-General’s statement on October 10 said: “These orders point to the unfair approach of the judge which has caused damage to the entire image of the judiciary among the public.” This would have reduced public confidence in the judiciary.

Many facts included in the statement
The affidavit also said that the judicial officer, while working as Additional Sessions Judge in Kollam, “in a hurry to get a deputation post, disposed of a case after sending a WhatsApp message to the accused regarding the trial in the case”. Had done it. that.’ This decision by the court officer was later overturned by the High Court. While granting bail to Chandran, Krishnakumar in his August 2 order had said that the accused was a reformer and was against the caste system. It cannot be believed at all that he would have touched her after knowing that the victim belonged to the Scheduled Caste (SC) community. Similarly, on August 12, the court had said in its order that the photographs of the victim, which the defendant had submitted along with the bail objection, showed that she was wearing clothes that evoked sexual feelings. Moreover, it is impossible to believe that a physically weak 74-year-old could commit such a crime.

Tags: Controversial statement, Kerala High Court

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