Denied elevation, Bombay HC judge whose sexual assault verdicts triggered debate resigns

After the Supreme Court declined to elevate her, Pushpa Ganediwala, the additional judge at the Bombay High Court, has resigned two days before her tenure ended.

Two of Justice Ganediwala’s verdicts had concluded that it will not amount to an offence of sexual assault under POCSO Act if there is “no direct physical contact”, or “skin-to-skin contact” between the accused and the victim.

In December last year, the Supreme Court Collegium had decided not to recommend her name as permanent judge.

The Collegium’s rare decision to demote the judge meant that once her tenure as additional judge ended, Justice Ganediwala would have been sent back to the district judiciary.

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In 2019, the Collegium had signed off on elevating her as a permanent judge but withdrew its decision after the controversial POCSO rulings.

Justice Ganediwala was appointed district judge in 2007. In 2019, she was appointed additional judge of Bombay High Court at Nagpur.

Additional judges to high courts are appointed either from the Bar directly or state judiciary for up to two years.