Uncertainty over Justice Pushpa as permanent judge

Justice Pushpa had passed controversial ‘skin-to-skin’ contact judgment in a POCSO case

Justice Pushpa Ganediwala — who had passed the controversial ‘skin-to-skin’ contact judgment in a Protection of Children from Sexual Offence Act matter — is faced with uncertainty over getting extension of tenure as additional judge or confirmation as permanent judge, as top court collegium has recommended that three additional judges of the Bombay High Court be made permanent judge and a fresh one-year term to an additional judge.

Doubts about the continuation of Justice Pushpa Ganediwala, whose term as additional judge ends in February 2022, have surfaced as top court collegium has recommended a fresh one-year term to Justice Abhay Ahuja whose present tenure as additional judge ends in March, 2022.

The top court collegium had on December 14, 2021, recommended the confirmation of three additional judges — Madhav Jayajirao Jamdar, Amit Bhalchandra Borkar; and Shrikant Dattatray

Kulkarni — as permanent judges.

The Supreme Court had on November 18, 2021, while setting aside “skin to skin” contact judgment had said that the provisions of Protection of Children from Sexual Offences Act (POCSO) cannot be construed narrowly and has to read with the sexual intention of the accused.

Holding that the High Court had erred in concluding that there was no physical contact ‘skin to skin’, the Supreme Court had said, “whoever, with sexual intent touches the vagina, penis, anus or breast of the child or makes the child touch the vagina, penis, anus or breast of such person or any other person, would be committing an offence of “sexual assault.”

The Collegium headed by Chief Justice N.V.

Ramana, in a meeting held on December 14, took the decision and the resolution was uploaded on the apex court website on Thursday.

In another decision, the Collegium has approved the proposal for appointment of additional judge Justice Aniruddha Roy of the Calcutta High Court as permanent judge of that high court.

Besides Ramana, Justices U.U. Lalit and A.M. Khanwilkar are part of the three-member Collegium which takes decisions with regard to High Court judges.