|  |  | 

India Top Headlines

The controversial sentences of Pocso cost HC judge his confirmation | India News

img-responsive

NEW DELHI: Back-to-back controversial decisions related to sexual offenses against children forced the Supreme Court college to take the unprecedented step of withdrawing its recommendation to the Center that the author of the sentences, Judge Pushpa Virendra Ganediwala, be an additional judge in Bombay High Court, Permanent Judge of the HC.
Ganediwala shocked many with his January 19 ruling that acquitted a 39-year-old man of charges under Section 6 of the Protection of Children from Sexual Offenses Act (Pocso) on the grounds that pressing a girl’s breasts 12 years without removing the top did not imply skin-to-skin contact and therefore was not a crime under the law.
A day later, the college chaired by Chief Justice SA Bobde, without taking into account the serious objections of two SC’s senior judges, “approved the proposed appointment of Judge Ganediwala as permanent judge of Bombay HC.” The CS sent this approval to the Ministry of Justice.
As public criticism increased against the misleading logic of “skin-to-skin contact” that reflected the judge’s callousness towards underage girls subjected to sexual harassment or assault, the SC’s senior judges, judges AM Khanwilkar and DY Chandrachud Both from Bombay HC reiterated their strong reservations against making Judge Ganediwala a permanent HC judge in closed-door talks. Both had reservations even against his initial appointment as an additional judge in Bombay HC in February 2019.
Judges Khanwilkar and Chandrachud, who are not members of the three-member panel that decides the appointments, confirmations and transfers of the HC judges, convinced one of the members of the panel to withdraw his consent to the resolution approving the appointment of the judge Ganediwala as permanent judge.
When the CJI was deliberating on the shameful maneuver of recalling the proposal that had already been sent to the government of the Union, Judge Ganediwala facilitated its task by passing a second controversial sentence on January 28, through which it acquitted a 50-year-old man . ruling that holding the hand of a five-year-old girl and unbuttoning her pants in front of her could not be categorized as a sex crime under the Pocso Law.
It turned out to be the straw that broke the camel’s back and the college withdrew its January 20 resolution approving his appointment as permanent judge. The college is now of the opinion that he will continue as an additional judge in the Nagpur court of Bombay HC for another year or two. SC judges believe that it is necessary to sensitize it about the objective and object of the promulgation of the Pocso Law.
Judge Ganediwala was appointed a district judge in 2007 and was appointed an additional judge of Bombay HC on February 13, 2019. She was to be appointed permanent judge after serving two years as an additional judge. It was approved by the college, but its two controversial lawsuits threw cold water on the decision.
Judge Pushpa Ganediwala was appointed a district judge in 2007 and was appointed an additional judge of the Bombay High Court on February 13, 2019. She was to be appointed a permanent judge after serving two years as an additional judge.

Reference page

the-controversial-sentences-of-pocso-cost-hc-judge-his-confirmation-india-news

ABOUT THE AUTHOR