The Supreme Court Collegium has decided to drop the name of Justice Pushpa V Ganediwala as permanent judge of Bombay High Court. This decision came after Ganediwala’s controversial interpretation of sexual assault under Prevention of Children from Sexual Offences (POCSO) Act, 2012. The apex court had set aside Justice Ganediwala’s “skin to skin” judgement. Ganediwala is currently serving as additional judge of the Bombay High Court.
Justice Pushpa had faced huge criticism after she granted bail to a man accused of groping a minor, she said that there was “no skin to skin” contact and hence, it cannot be termed as sexual assault under the POCSO Act.
The Supreme Court collegium headed by Chief Justice of India N.V. Ramana and comprising justices U.U. Lalit and A.M. Khanwilkar decided on not recommending the name of Justice Pushpa a permanent judge of the Bombay High Court.
“Considering all the material placed before the collegium and their opinions, the panel has decided not to make her permanent. The Collegium even decided not giving her an adhoc extension.”
Justice Ganediwala’s name was first recommended by the High Court in November 2017 and it came before the Supreme Court Collegium in September 2018 along with fiver other officers from the state. Justice Ranjan Gogoi had deferred her candidature.
According to the reports the Bombay High Court collegium had recommended the names of five additional judges for permanent judges. Three judges out of five- Justice Madhav Jayajirao Jamdar, Amit B Borkar and S Dattatrey Kulkarni have been recommended by the Supreme Court Collegium for the appointment as permanent judges. The collegium also extended Justice Abhay Ahuja’s tenure.