In an unprecedented move, the Supreme Court Collegium recalled its recommendation for making Justice Pushpa Virendra Ganediwala, an additional judge in the Bombay High Court, a permanent judge. The decision was taken after the woman judge passed two consecutive controversial orders relating to child sexual offences. The first order was passed on January 19 where Justice Ganediwala acquitted a 39-year-old man from charges under the Protection of Children from Sexual Offences (POCSO) Act saying that pressing of a minor’s breast without “skin-to-skin contact” cannot be termed sexual assault.
The order was severely criticized both in and outside legal circles and on being mentioned by Attorney General K.K. Venugopal before the Chief Justice S.A. Bobde, the order was stayed on January 27 with regard to the POCSO acquittal.
On January 28, Justice Ganediwala passed another order which said holding the hands of a minor and unzipping pant does not amount to sexual assault under POCSO Act, 2012.
The Supreme Court Collegium had passed the resolution on January 20 approving the proposal to appoint Justice Ganediwala as a permanent judge of the Bombay High Court.
Justice Ganediwala was born on March 11, 1969 at Paratwada in Amravati district. She was directly appointed District Judge in 2007 and 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.
She had been elevated as Additional Judge of Bombay High Court on February 13, 2019.
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