A Step Back to Justice Pushpa Ganediwala, Bombay High Court Judge, no skin-to-skin contact Sexual Assault Order: Sources

Judge Pushpa Ganediwala is currently a Judge at the Nagpur Bench High Court of Bombay.

New Delhi:

Justice Pushpa V Ganediwala, the Bombay High Court judge who issued controversial orders including a “no skin contact” order in the child sexual assault case, will not be heard. permanently, sources told NDTV. This is the second time that the Collegium Supreme Court decided not to grant her permanent residency.

This means that Judge Ganediwala, currently a Judge at Bombay’s Nagpur Bench High Court, will have to return as a District Judge at the end of his special judge duties in February next year.

Ganediwala justice has been granted a one year extension, instead of two years as suggested by the Supreme Court College, by the Center in February.

The order from the Center comes a month after the Supreme Court panel, in a rare case, withdrew its offer to the government to confirm her permanent residency status as judge. Bombay High Court judge. Sources in the highest court later told NDTV that the need-based decision could have “more exposure” in such cases.

“There’s nothing personal against her. She needs exposure and may not have handled these cases as an attorney… She needs exposure and training,” a source said. told NDTV.

In the January 19 ruling, Justice Ganediwala raised eyebrows when it ruled that palpating a minor’s breasts without “skin contact” cannot be considered sexual assault as defined by the Protection Act. children from acts of sexual abuse (POCSO). Justice Ganediwala’s ruling was overturned by the Supreme Court last month on 18 November after several claims were filed against it, including those by the Attorney General of India and National Commission on Women.

Then, in another case, Justice Ganediwala ruled that “the act of ‘holding the prosecutor’s hand’ (the female victim), or ‘unlocking the pants’ … did not fit the definition of ‘assassful assault’) sex’,” and quashed the conviction of a man under POCSO. The victim, in this case, was a 5-year-old minor.

Following these rulings, the Collegium reversed its decision to recommend Justice Ganediwala as a permanent judge, the sources said.

The Supreme Court is rarely known to revoke or retract the recommendations it makes to the government. Besides Chief Justice NV Ramana, UU Judges Lalit and Judge AM Khanwilkar are part of the three-member Collegium, whose decisions involve different Supreme Court justices.