Justice Pushpa Ganediwala had handed down three acquittals under the POCSO Act in three separate cases, all within a week.
Controversial judgments acquitting accused persons under the Protection of Children from Sexual Offences (POCSO) Act has prompted the Supreme Court Collegium to withdraw its consent to make Justice Pushpa V Ganediwala a permanent judge of Bombay High Court, ToI reports.
As per the report, the three-member Collegium headed by Chief Justice of India, SA Bobde, and also comprising Justices NV Ramana and Rohinton Fali Nariman took the decision to recall its January 20 recommendation made to the Central government to make Justice Ganediwala a permanent judge. She is currently an additional judge of Bombay High Court.
Bombay High Court Nagpur bench, Justice Pushpa Ganediwala
Supreme Court Collegium recommends the appointment of Justice PV Ganediwala as Permanent Judge of Bombay High Court
The report further states that the decision to withdraw the recommendation came after two senior Supreme Court judges, who hail from Maharashtra, Justices DY Chandrachud and AM Khanwilkar conveyed their reservations to the Collegium to make Justice Ganediwala a permanent judge.
Justice Ganediwala had handed down three acquittals under the POCSO Act in three separate cases, all within a week.
In a judgment delivered on January 14, she reversed a conviction order after noting that there was nothing supporting the prosecution's case for rape (Jageshwar Wasudeo Kawle v. the State of Maharashtra).
On January 15, she held that the act of holding hands of a minor or the zip of the pants of the accused being open at the relevant time does not amount to sexual assault as defined under Section 7 of the POCSO Act (Libnus v. the State of Maharashtra).
A third judgment was delivered on January 19 in which she ruled that the act of pressing the breast of a child aged 12 years without removing her top will not fall within the definition of ‘sexual assault’ under Section 7 of POCSO (Satish Ragde v. the State of Maharashtra).
This third ruling had caused an uproar with the Supreme Court staying the judgment on a mention made by Attorney General KK Venugopal.
Interestingly, it was a day after the third POCSO ruling that the Collegium recommended that she be made permanent judge though news about the ruling had not come in the public domain then.
Justice Ganediwala was appointed additional judge of Bombay High Court on February 8, 2019. She started her judicial career in 2007 when she was appointed District Judge.
She has held postings as City Civil Court, Mumbai; District Court and Family Court at Nagpur; Joint Director of Maharashtra Judicial Academy (MJA); Principal District & Sessions Judge, Nagpur; Registrar General, High Court of Judicature at Bombay and also Principal Judge at City Civil Court, Mumbai.
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