Kozhikode Principal District and Sessions Judge S. Krishnakumar, who made a controversial observation in his order while granting anticipatory bail to writer and social activist Civic Chandran in one of the two sexual harassment cases last year, has said that he had “acted according to his conscience.”
Retiring from judicial services on Wednesday, Mr. Krishnakumar clarified in an interview to The Hindu that a particular observation regarding the complainant’s attire was just a part of the overall order, suggesting that it played a role in considering whether sexual harassment charges would prima facie stand against the accused.
On his subsequent transfer to the Labour Court in Kollam as the presiding officer, Mr. Krishnakumar also stated: “If I am incorrect in my judicial decisions, I should be corrected within the judicial system and not through administrative means. Taking such action would not only tarnish the reputation of a judge but also demoralise the judicial fraternity,” he emphasised.
Regarding the case, he said that a Division Bench of the Kerala High Court, while striking down the contentious remarks in the order and revoking the anticipatory bail, had also reinstated him back to his position in Kozhikode. However, Mr. Krishnakumar added: “The High Court did not ask me to explain the rationale behind the specific observation outlined in the order. “
According to sources from both the Bench and Bar, Mr. Krishnakumar, who assumed the role of Principal District Judge on June 1, 2022, has implemented radical changes to the court system in Kozhikode. These changes include disciplining staff members.
Mr. Krishnakumar is acknowledged for his tireless work ethic, as he has been known to handle up to 40 bail applications in a single day. It has been reported that the backlog of cases in the five additional district and sessions courts has been addressed.
M.S. Saji, former president of the Kozhikode Bar Association, said: ‘He was a judge who did not like to postpone judgments.’”
Throughout his 29-year career in the judiciary, Mr. Krishnakumar has had a remarkable journey, despite the controversial remarks made in the anticipatory bail case of Mr. Civic Chandran. During his three-year tenure from May , 2014, as Judge of the Additional District and Special Sessions Court (Marad Cases) Kozhikode, he had delivered noteworthy judgments in sensational cases.
One of his significant judgments involved the acquittal of a lone accused, Jabbar, aka Jayesh and Babu, in the murder case of Sundariamma, an elderly woman in Vattakkinar. The verdict strongly criticised the crime branch DySp and Circle Inspector for conducting a shoddy investigation that seemed calculated to frame an innocent person for a serious offence.
Mr. Krishnakumar had the honour of presiding over the trial in the State’s first moral policing case. The case centered on a vigilante group comprising 15 individuals who viciously attacked Shaheed Bava with sticks and iron rods. The reason behind their violent act was an alleged affair between Shaheed and a married woman in Kodiyathur. Ultimately, nine of the accused were sentenced to life imprisonment for the murder.
