Following controversial verdicts, SC withdraws recommendation of promoting addl judge

The Supreme Court Collegium is understood to have withdrawn its approval to a proposal for the appointment of an additional judge of the Bombay High Court, Justice P V Ganediwala, as a permanent judge of the court following her two controversial verdicts in sexual assault cases.

New Delhi: The Supreme Court collegium has withdrawn its January 20, 2021 recommendation for the appointment of Justice PV Ganediwala as permanent judge of the Bombay High Court, after she pronounced controversial verdicts in sexual assault cases.

The development came after the judge faced flak for her interpretation of sexual assault under the Protection of Children from Sexual Offences (POCSO) Act.

In another sexual assault case, Ganediwala had observed that it is 'highly impossible' for a man to gag the mouth of the child, remove her clothes and sexually assault her without any scuffle (medical report did not mention any injury).

According to sources, Justice DY Chandrachud and Justice AM Khanwilkar had suggested to the collegium to withdraw the recommendation after the previous judgments. Both of them are not part of the collegium.

READ: Holding a minor girl's hand not a sexual assault: Court

Ganediwala may remain as an additional judge for two years more as of now.

Attorney General KK Venugopal had also asked the top court to take suo moto cognisance of her judgment wherein she had held that no 'skin to skin contact' can be justification for not holding an offence under POCSO.

AG had mentioned the matter before the CJI SA Bobde-led bench where he was directed to file an appropriate petition regarding the matter. AG had mentioned the matter in his official capacity.