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SC Refuses Permanent Position To Justice Ganediwala Over Controversial Verdicts
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Maharashtra, 17 Dec 2021 11:02 AM GMT
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Creatives : Ratika Rana
Her primary objective is to inform, promote, educate and cultivate readers through writing.
One of the most controversial verdicts by Justice Pushpa Ganediwala was that 'skin-to-skin contact' is a must for constituting a sexual offence. Now, the Judge faces the prospect of being relegated back as a District Judge from Bombay High Court.
The Supreme Court Collegium has taken a rare and challenging decision by declining the position of a permanent judge to Justice Pushpa V Ganediwala in the Bombay High Court. Justice Ganediwala has stirred controversy with several of her back-to-back judgements.
As an additional Judge of the Bombay High Court, she had passed many insensitive judgements in cases related to sexual offences against children. The Supreme Court Collegium, which declined the extension of Justice Ganediwala's tenure, comprised Chief Justice NV Ramanna and Justices UU Lalit and AM Khanwilkar.
Prospect Of Being Relegated To The District Court
One of her most controversial verdicts was when she ruled that skin-to-skin contact is a must for a sexual offence. On January 20, the Collegium led by then CJI SA Bobde had to withdraw its recommendation of approving Justice Ganediwala as a permanent judge in the Bombay High Court. However, the government had disagreed with this recommendation and had granted her a one-year extension till February 22, 2022. Now, the new Collegium led by CJI Ramanna declined the proposal, and she faces the prospect of being relegated back as the Judge of District Court. Until now, she had held the position of an Additional Judge in the Bombay HC, ANI reported.
Other Controversial Verdicts
Apart from the skin-to-skin contact judgement, she had also reversed the conviction of a 50-year-old man for allegedly molesting a five-year-old girl under the Protection of Children from Sexual Offences (POCSO) Act, 2012. The Additional Judge had ruled that merely unzipping the pant or holding hands of a minor do not come under the purview of sexual offences against children. In another similar instance, she had ruled that the High Court cannot convict a 27-year-old man merely on the allegations of having repeatedly exploited a 17-year-old girl.
The girl, belonging to the Wardha district in the state, got pregnant after two months of exploitation. Justice Khanwilkar and Chandrachud opposed the extension of Justice Ganediwala's tenure as the additional judge of the state court.
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