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Sexual harassment case: Kerala moves high court against bail granted to writer Civic Chandran
The plea mentioned some of the controversial observations made by sessions judge S Krishnakumar while granting bail to the accused in two separate sexual harassment cases this month. People close to the government said an appeal will be filed in the second case by next week.
Thiruvananthapuram: The Kerala government on Friday moved the high court challenging the anticipatory bail granted to writer Civic Chandran in a sexual harassment case filed by a Dalit writer.
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The plea, filed by the additional public prosecutor, also mentioned some of the controversial observations made by sessions judge S Krishnakumar while granting bail to the accused in two separate sexual harassment cases this month. People close to the government said an appeal will be filed in the second case by next week.
Two sexual harassment cases were filed against Chandran, 74, this year and he was granted bail in both cases by the sessions court in Kozhikode, north Kerala. In the first case, a Dalit writer had on July 17 complained that Chandran tried to kiss her forcibly and outraged her modesty on April 17. The district court granted bail to him in the case on August 2.
The second case was filed by a female publisher on July 29 accusing the writer of groping her and puling her to his lap at a poetry camp in Kozhikode. The court had granted him bail in this case on August 12.
In the plea filed on Friday, the government said the sessions court order of August 2 was “against the spirit” of a special legislation enacted for prevention of atrocities against people belonging to the scheduled caste and tribe communities. Despite strong objections raised by the prosecution, the court granted bail to the accused who was charged under relevant sections of the SC/ST prevention of atrocities act, 1999, and other sections of the Indian Penal Code including 354 A (sexual harassment), the plea stated.
The court seriously erred in arriving at a conclusion that no prima facie case was made out against the accused and provisions of the SC/ST act would not be applicable, the plea further said.
The sweeping observations made by Judge Krishnakumar in both cases had prompted widespread outrage with many women’s rights groups and activists seeking against him.
Krishnakumar, in his August 2 verdict, had said: “The accused is fighting against the caste system and is involved in several agitations. The copy of the SSLC book shows that he refused to mention his caste. The accused is a reformist and is engaged in fighting against caste system.” He further said that sections of the SC/ST Act will not prima facie stand against the accused.
Police had booked Chandran under Indian Penal Code section 354, 354 (A) (sexual harassment) and under sections 3 and 3 (2) of the SC/ST Act. Though he was charged under non-bailable provisions of the Act, he was granted bail. The judge justified his stance by pointing out that, “in educational certificates of the accused, he mentioned that he has no caste or religion”.
In his August 12 order, justice Krishnakumar had observed that an offence under section 354 A will not stand when the woman was wearing “sexually provocative dress”.
Also Read: Kerala court cites provocative dress to grant bail in sexual harassment case
One of the survivors said on Friday she had faced “tremendous pressure” to withdraw her complaint against the writer and, like the judge, many people gave him a “good certificate” without hearing her out.
“He is a serial offender. After we filed complaints, many women shared their bitter experiences. But they were scared to open up. People like him don the progressive facade and sexually exploit women. Since he has created a halo around himself, it is difficult for laymen to believe his handiwork and machinations. More than his advances, the court’s observations put me down,” she said.
