Thiruvananthapuram, August 24 (BPNS)

The controversial order of the Kozhikode Sessions Court that included the observation that a sexual harassment case would not prima facie stand if the victim was wearing a sexually provocative dress got eventually stayed by the Kerala High Court.

In his stay order, Justice Kausar Edappagath said that the observation of the sessions court cannot be justified, and ‘there was an improper exercise of jurisdiction by the sessions judge while granting bail to the accused.’

It was while granting anticipatory bail to activist Civic Chandran that the sessions court Judge S Krishnakumar made the controversial observation. The other day, he was transferred and posted as presiding officer, Labour Court, Kollam.

The high court’s stay order has come against the backdrop of a plea moved by the state government challenging the sessions court order that granted bail to Chandran who is accused of making sexual advances towards a young female writer in a camp convened at Nandi beach. He is facing charges under sections 354A(2), 341, and 354 of IPC in a case registered by Koyilandi police.

However, the high court made it clear that Chandran shall not be arrested until the matter is heard by the court.

Earlier, the prosecution contended that the sessions court order is against the facts and circumstances of the case and it amounts to an infringement of the personal liberty of the survivor. The violation of the right to life under Article 21 of the Constitution of India was also cited.