Bombay HC Judge who gave “Skin to Skin” POCSO Verdict loses Judgeship Confirmation

Recently, some Judgments came from Nagpur Bench of Bombay High Court under the POCSO Act acquitting the accused therein on some or other ground, which created controversies. As per the report of Times of India, this controversy has prompted the Collegium of Supreme Court to withdraw its recommendation/consent for making Justice Pushpa V Ganediwala as Permanent Judge of Bombay High Court.

The report states that the collegium comprising CJI SA Bobde, Justice NV Ramana and Justice R F Nariman unanimously decided to recall/withdraw its recommendation dated 20 January 2021 to make Justice Pushpa V Ganediwala a Permanent High Court Judge. Currently Justice Pushpa V Ganediwala is Additional Judge of Bombay HC.

It has also been reported in the media that this decision has come on recommendation of two senior Judges (Justice DY Chandrachud and Justice AM Khanwilkar) of the Supreme Court coming from Bombay High Court (Maharashtra).

The controversy erupted when the Judgment of Justice Ganediwala came out, wherein she acquitted the accused under POCSO Act holding that pressing breast of minor without “skin to skin” touch does not amount to sexual assault under the POCSO Act. (Satish Ragde v. State of Maharashtra).

Thereafter another Judgment was delivered by Justice Ganediwala, acquitting the accused of POCSO Act on the ground that unzipping pant’s zip and holding hand of minor does not amount to sexual assault under the POCSO Act.(Libnus v. State of Maharashtra)

The first ruling in the case of Satish Ragde became a big controversy and it ultimately compelled  Attorney General KK Venugopal to mention it before the Supreme Court. On such mention, the CJI led bench stayed the Judgment.

Also Read

• Education in State is Taken as Industry to Sell Degrees: Allahabad HC
• [BREAKING] Supreme Court Stays Bombay HC “Skin to Skin” Judgment on Mention by AG
• NCPCR requests Maharashtra Government to file Urgent Appeal against Bombay HC’s “Skin to Skin” Judgement
• “I Never Met the Accused” Tells Prosecutrix to Court; Rape Accused Acquitted
• Allahabad HC Deprecates Practice of Filing Delayed Appeal by Govt To Save Their Skin

On 8th February 2019, Justice Ganediwala was appointed as Additional Judge of Bombay High Court. In 2007, she was appointed as District Judge.

She has also held following posts:

1. City Civil Court, Mumbai; 
2. District Court and Family Court at Nagpur; 
3. Joint Director of Maharashtra Judicial Academy (MJA); 
4. Principal District & Sessions Judge, Nagpur; 
5. Registrar General, High Court of Judicature at Bombay 
6. Principal Judge at City Civil Court, Mumbai.