Justice Pushpa Ganediwala, a Judge known for making controversial judgments on the Protection of Children from Sexual Offences (POCSO) Act, took oath as an additional judge of the Bombay High Court for one more year. The decision was made by the Ministry of Law and Justice after the Supreme Court Collegium decided to not make her a permanent judge. Justice Ganediwala had made three controversial acquittals under the POCSO Act in a week that came to the Collegium’s notice.
In the first case on 14th January, she reversed a conviction order after stating that there no supporting argument from the prosecution’s case for rape. In the second case on January 15, she held that the act of holding hands of a minor or the zip of the pants of the accused being open at the same time does not amount to sexual assault under the POCSO Act. And the third judgment was made on January 19 in which she ruled that the act of pressing the breast of a 12-year-old child without removing her top will not fall under ‘sexual assault’. This third ruling had caused a major public outcry, Attorney General KK Venugopal mentioned this case to the Supreme Court, but it also stayed on the judgment made by Justice Ganediwala.