Controversial POCSO Ruling Judge To Continue As Additional Judge For One Year

Justice Pushpa V Ganediwala will continue as an Additional Judge for another year even though Ministry accepted that she will not be made permanent.

Representational Image (bombayhighcourt.nic)

New Delhi: On Friday, Feburary 12th, Ministry of Law and Justice issued a new notification confirming that Justice Pushpa V Ganediwala will continue as an Additional Judge for another year. The Supreme Court recently withdrew its recommendation to make Justice Ganediwala a permanent judge in Bombay High Court after three of her controversial rulings, which included the POCSO ruling in which she said that "skin to skin with sexual intent” does not amount to the offence under the Act. Supreme Court had to stay the verdict after an uproar.

According to Bar and Bench, the Ministry of Law and Justice accepted the Supreme Court Collegium's revised decision to not make her a permanent judge but in the notification stated that she will be given a fresh term to continue as an additional judge for one year. Justice Ganediwala's fresh tenure is to become effective from February 13th 2021 though her earlier tenure was to end on Friday. 

Additional judges usually have a two year tenure before they are appointed as a permanent judge in the court. 

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. Before which in another case, she acquitted a man charged of a rape case stating it is unlikely possible for a single man to gag, strip and rape "without a scuffle". This before the January 19th case in which she made the 'skin to skin' ruling. 
Justice Ganediwala was appointed as an additional judge of Bombay High Court on February 8, 2019. She started her judicial career in 2007 when she was appointed District Judge.