Kerala High Court may take note of ‘provocative dressing’ order of Kozhikode court

With complaints pouring in from different parts of the State against the Kozhikode Sessions Court’s remarks of provocative dressing by the survivor in a sexual attack case, the Kerala High Court may take up the matter shortly.

The High Court has the judicial powers to take up the matter without waiting for the survivor or the prosecution to bring it up before the court, considering the unprecedented public response and the violation of the legal principles in the order.

The matter shall be decided by the Kerala High Court on the judicial side, considering the fact that the order was passed by a trial court during its business of delivering the judicial order, legal sources indicate.

Incidentally, the sessions judge had noted that the victim was “exposing to dresses which are having some sexual provocative one” [sic], while granting anticipatory bail to writer Civic Chandran in a case booked for outraging of modesty of a woman.

However, the legal sources ruled out the possibility of any action against the judge for the uncharitable observations in the order. Though legally erroneous in nature, the controversial order has been authored by the judge while discharging his official duties.

No disciplinary action can be taken against a judge for an erroneous order issued in his capacity as presiding officer of a court who considered the matter that came up before him. All that could be done in this case is to challenge the order at a higher court, which is the Kerala High Court, in this case, the sources said.

Meanwhile, several organisations have come out against the observations, which they feel is highly deplorable and anti-women in its content.

The women subcommittee of the Indian Association of Lawyers says the observations would eventually harm the public trust in the judicial system. The observations are a challenge to the rule of law. The State shall file an appeal against the order, says a statement issued by Lakshmi Rani, convener of the committee.

C. Shukkur, in a complaint e-mailed to the Kerala High Court, has sought disciplinary action against the judge concerned taking into account the fact that the order is an onslaught on the protection offered by the Constitution to women and the weaker sections of society.