Kochi, Aug: A single bench of the Kerala High Court on Wednesday, August 24, stayed a controversial order of the Kozhikode Sessions Court in Civic Chandran anticipatory bail plea order. The sessions court, while granting anticipatory bail to 74-year-old activist Civic Chandran, held that a sexual harassment case would not prima facie stand if the victim was wearing a “sexually provocative dress”. The Kerala government had appealed against the lower court’s order which granted bail to Chandran who was charged with outraging the modesty of a woman.
While the Kerala High Court has stayed the lower court order, Justice Kausar Edappagath said that owing to his age, Civic Chandran, who is 74, should not be arrested till the case is heard by the High Court. “Considering the age of the accused, he shall not be arrested till the disposal of this,” the order stated.
Civic Chandran, a writer, and activist has been accused in two sexual harassment cases, one by a writer and one belonging to a Scheduled Tribe community, alleging sexual harassment by him during a book exhibition in Kochi in April. After the session court’s order granting him bail created an uproar, the Kerala government moved to the High Court seeking to cancel the anticipatory bail granted to Civic Chandran and also sought to remove the controversial remarks made by the Kozhikode Sessions Court in the August 12 order.
While granting bail to Chandran in the case, Judge S Krishnakumar observed that the accused is a reformist, and against the caste system and it is highly unbelievable that he will touch the body of the victim fully knowing that she belongs to the Scheduled Caste (SC). The judge had also made controversial observations about the dressing of the survivor while granting bail to Chandran in the bail application moved by Chandran in another case of sexual harassment against him.
Earlier on Wednesday, the Kerala High Court issued a notification transferring judge S Krishnakumar, who had made the controversial observations and appointing him as the Presiding Officer of Labour Court in Kollam. According to the transfer order, Muralee Krishna S, District and Sessions Judge, Manjeri, will be the new District and Sessions Judge, Kozhikode.
Judge Krishnakumar’s observations regarding survivors in his two orders on the anticipatory bail pleas moved by Civic Chandran, who is also a writer and social activist, in two sexual harassment cases had stirred up nationwide controversy.
