Judge Who Gave ‘No Skin-To-Skin Contact’ Order Resigns After Denied Elevation: Report

Justice Ganediwala, who was appointed the additional judge of the Bombay High Court at Nagpur earlier in 2019, resigned on Thursday, The Indian Express reported.

New Delhi: Bombay High Court additional judge Justice Pushpa V Ganediwala, who was refused elevation as a permanent judge, has resigned two days before the end of her tenure.

Justice Ganediwala, who was appointed the additional judge of the Bombay High Court at Nagpur earlier in 2019, resigned on Thursday, The Indian Express reported.

The Supreme Court collegium had earlier in December last year decided not to recommend Justice Ganediwala’s name as permanent judge of the Bombay High Court after two of her verdicts were closely scrutinised for controversial interpretation of sexual assault under the Protection of Children from Sexual Offences (POCSO) Act, 2012.

This decision by the apex court collegium to demote the judge meant that Justice Ganediwala would have been sent back to the district judiciary once her tenure as additional judge ended on February 12.

The additional judges to the High Courts are appointed either from the Bar directly or state judiciary under Article 224 (1) of the Constitution for a period not exceeding two years and their retirement age is 62 years.

The apex court collegium had in 2019 signed off on elevating Justice Ganediwala, who was appointed district judge in 2007, as a permanent judge.

The collegium later withdrew its decision after the controversial POCSO rulings and then deferred the same by a year.

This came as two of Justice Ganediwala’s verdicts concluded that it will not amount to an offence of sexual assault under Section 7 of POCSO Act if there is “no direct physical contact” or “skin-to-skin contact” between the accused and the victim.

The rulings were subsequently overturned by the apex court.