Controversial orders in sex assault cases cost HC judge permanent role

The Supreme Court Collegium, which takes decisions regarding high court judges, has withdrawn its recommendation for the permanent appointment of Bombay High Court’s additional judge PV Ganediwala, who had recently delivered two controversial verdicts in sexual assault cases.

The three-member Collegium, comprising of Chief Justice of India SA Bobde and Justices RF Nariman and NV Ramana, took the decision following severe criticism of the judge’s interpretation of sexual assault under the Protection of Children from Sexual Offences (POCSO) Act, said a source.

Justice Pushpa Ganediwala recently acquitted a man accused of groping a 12-year-old girl’s breast because he did not make skin-to-skin contact and days earlier, ruled that holding the hands of a five-year-old girl and unzipping the trousers do not amount to “sexual assault” under the POCSO Act.

On January 27, the Supreme Court stayed the Bombay High Court order acquitting the man after Attorney General K K Venugopal said the order would set a dangerous precedent. The judge needs “more exposure and training” and there’s “nothing personal against her,” NDTV quoted a source as saying.

The collegium, headed by CJI Bobde, at a meeting held on January 20, had approved the proposal for making Justice Ganediwala a permanent judge. In the process of appointing judges or making them permanent, the Collegium has to send its recommendation to the Centre for approval, which are sometimes returned with queries.

In two other judgments this month, Justice Ganediwala acquitted two men accused of raping minor girls after noting that the testimonies of the victims did not inspire confidence to fix criminal liability on the accused.

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“No doubt the testimony of the prosecutrix (victim) is sufficient for conviction of the accused. However, the same ought to inspire confidence of this court. It ought to be of sterling quality,” she said in one of the judgments.

Justice Pushpa Virendra Ganediwala was born on March 3, 1969 at Paratwada in Amravati district, Maharashtra. She was a panel advocate for various banks and insurance firms and was also an honorary lecturer in various colleges of Amravati and gave lectures to MBA and LLM students of Amravati University. She was directly appointed as a district judge in 2007 and elevated as an additional judge of the Bombay High Court on February 13, 2019.

(With inputs from agencies)