Controversial POCSO Judgments May Cost High Court Judge Her Permanent Appointment


Mumbai : Mumbai High Court Justice Pushpa Ganediwala is likely to be costly to give an unprecedented verdict on one Poxo after another. Discussions are underway to withdraw the selection of Justice Pushpa Ganediwala as a regular High Court judge, and the Collegium of the Supreme Court is considering a decision that has never been taken till date. Therefore, there are signs that Justice Pushpa Ganediwala will be appointed as an additional judge for another term. If that happened then it would be a historic decision. This is because once a judge is appointed, the time has not yet come for him to withdraw.

The Mumbai High Court’s verdict on ‘skin to skin’ was met with strong reactions from all quarters. Just hours after the Supreme Court adjourned the verdict, another verdict by Justice Pushpa Ganediwala came to light. So in the end, the Supreme Court has to take notice. Two justices who reached the Supreme Court from the Mumbai High Court have expressed their displeasure over this. One of the three members who had recommended Ganediwala’s name for the post of regular judge has been prepared to withdraw it. It also asked Chief Justice Sharad Bobade, who is also the head of the Supreme Court’s Coliseum, to withdraw the appointment of Justice Pushpa Ganediwala as a regular High Court judge. The same two judges are also said to have opposed Ganediwala’s election in January 2020.

Holding a little girl’s hand or opening a chain of pants is not sexual abuse: High Court

On February 13, 2019, Justice Pushpa Ganediwala was appointed as an additional judge in the Mumbai High Court. He was then appointed as a Judge of the Mumbai High Court in January 2020. Earlier, in 2007, he was directly appointed as a judge in the Mumbai Sessions Court. Since then, he has held various posts such as Nagpur Sessions Court, Nagpur Family Disputes Court, Joint Director of MJA, Chief Justice of Nagpur Sessions Court, Chief Justice of Mumbai Sessions Court, Registrar General.

Supreme Court stays Nagpur bench’s controversial verdict

In his judgment, Justice Ganediwala said, “Holding the hand of a young girl or opening a chain of pants does not constitute sexual harassment. Under Poxo, these things cannot be termed as sexual abuse.” “Skin-to-skin means direct contact with the body to prove child sexual abuse. Simply touching the body or inadvertently touching the body cannot be considered sexual abuse,” the Nagpur bench of the Bombay High Court has said. .


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