In a rare instance, the Supreme Court Collegium has withdrawn its recommendation to confirm the permanent status of a Bombay High Court judge who had passed two controversial orders on sexual assaults in the past few days. The decision to not grant permanent status has been based on the possible need for “more exposure” in such cases, according to sources in the top court.
“There is nothing personal against her. She needs exposure and may not have dealt with these types of cases when she was a lawyer. She needs exposure and training.”
The procedure for appointing permanent judges or making judges permanent involves the Collegium sending its recommendations to the Central government which then approves it. Sometimes, though, the recommendations are returned to the Collegium with queries.
On January 20, the Supreme Court Collegium recommended Justice Pushpa Ganediwala’s name for confirmation as a Permanent Judge of the Nagpur bench of the Bombay High Court. The judge, however, recently passed two judgments on sexual assault that sparked a huge furor and possibly jeopardized her chances.
In a January 19 ruling, she ruled that groping a minor’s breast without “skin-to-skin contact” cannot be termed as sexual assault as defined under the Protection of Children from Sexual Offences (POCSO) Act.