Civic Chandran case: Kerala HC stays sessions court’s controversial bail order
But “considering his age” — Chandran is 73 — the High Court ordered that he should not be arrested before the case is heard.
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Writer and social activist 'Civic' Chandran. (Photo: IEMalayalam)The Kerala High Court on Wednesday stayed the controversial order of Kozhikode district sessions court, which had granted anticipatory bail to writer and social activist ‘Civic’ Chandran in a sexual harassment case with the observation that the offence under sexual harassment is not prima facie attracted if the victim was wearing “sexually provocative” clothes.
The HC bench of Justice Kauser Edappagath stayed the order after the state government moved an appeal against district judge S Krishna Kumar’s order.
But “considering his age” — Chandran is 73 — the High Court ordered that he should not be arrested before the case is heard.
Justice Edappagath stated in the order, “Prima facie it appears that there was an improper exercise of jurisdiction by the Session Judge while granting bail to the accused. Irrelevant materials of substantial nature are seen relied on to grant bail. The finding of the impugned order that Section [354-A] will not be prima facie attracted if the victim was wearing sexually provocative dress cannot be justified.”
“In these circumstances, the impugned order shall stand stayed till the disposal of this Crl. MC [Criminal Miscellaneous Case],” the court said.
District judge transferred
Kozhikode district sessions judge S Krishna Kumar, who made the controversial observation about “sexually provocative clothes” of the complainant woman while awarding anticipatory bail to writer 'Civic' Chandran, has been transferred to another court. Kerala High Court registrar-general P Krishna Kumar on Tuesday issued the transfer list, which included transfer of three other district-level judicial officers. Judge Kumar was transferred as presiding officer at Kollam labour court. He was told to hand over the charge of Kozhikode district judge to the additional district sessions judge.
The court issued a directive to call records of the case from the sessions court.
On Tuesday, the High Court registrar-general had transferred the district judge.
On August 12, while granting anticipatory bail to Chandran, Judge Krishna Kumar observed that the charge under IPC Section 354-A (sexual harassment) would prima facie not be attracted if the woman was wearing “sexually provocative” clothes.
To attract Section 354 A, the sessions court ruled, there must be physical contact and advances involving “unwelcome and explicit sexual overtures”. The court said, “There must be a demand or request for sexual favours. There must be a sexually coloured remark. The photographs produced with the anticipatory bail application by the accused reveal that the complainant herself is exposing to dresses which are sexually provocative. Section 354 A will not prima facie stand against the accused.”
In another sexual harassment case against Chandran — the complainant is a woman from the Dalit community — the same district court on August 2 had granted anticipatory bail, stating that it is “highly unbelievable” that he will “touch the body of the victim, fully knowing that she is a member of the Scheduled Caste”.
The judge stated in the order that offences under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act will not prima facie stand against the accused because of this. “In order to attract the offence under the [Atrocities] Act, it has to be established that the act of the accused was with the knowledge that the victim belonged to a member of ST/ST,” Judge Kumar said.
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