KOZHIKODE: The district and sessions judge who had landed in a controversy over the remarks on the dress of the victim in a sexual assault case has been transferred.
Judge S Krishnakumar has been transferred as the Presiding Officer of a Labour Court in Kollam. The order appeared in the High Court communication that mentions the transfer of three other judicial officers. Muralee Krishna S, who is serving as the district judge in Manjeri, will be the new district judge in Kozhikode.
In the order on the anticipatory bail plea by the activist and writer Civic Chandran, the judge had stated that the dress of the survivor was 'provocative'.
The case against Civic Chandran was that he sexually assaulted a woman in 2020. The judge added that Section 354 (A) of the IPC will not stand in the case. The mention of the dress of the complainant as a reason for the grating anticipatory bail has ignited hue and cry in society. Women’s organisations and
political parties had demanded action against the judge. The National Commission for Women has decided to approach the High Court against the order.
Another controversial reference in an earlier order by the same judge in the bail application of the same accused also has become the point of hot debate. The case was that Civic Chandran molested a woman belonging to the Scheduled Caste. The woman said in the complaint that Civic Chandran had sexually assaulted her and became a nuisance by continuously sending her messages and making phone calls.
Police registered the case under section 354 of IPC, which was later transferred to Vadakara DySP since sections of SC/ST (Prevention of Atrocities) Act were incorporated in the case.
While considering the anticipatory bail, the Sessions court ruled that the SC/ST (Prevention of Atrocities) Act would not stand in the case. The court observed that the accused had stated in his SSLC certificate that he has no caste.
The accused did not know that the complainant belonged to Scheduled Caste during the time of the alleged crime. Therefore, the SC/ST (Prevention of Atrocities) Act would not be invoked in the case, the court said. The complainant has moved High Court against the order.