President Accepts Resignation Of Justice Pushpa Virendra Ganediwala Of Bombay High Court

LIVELAW NEWS NETWORK

14 March 2022 12:28 PM GMT

  • President Accepts Resignation Of Justice Pushpa Virendra Ganediwala Of Bombay High Court

    The Ministry of Law and Justice has issued a notification confirming the official resignation of Justice Pushpa Virendra Ganediwala from the office of Additional Judge, Bombay High Court. This is in pursuance of proviso (a) to clause (1) of Article 217 of the Constitution.As per the notification, the resignation is with effect from 11th February, 2022.Justice Pushpa Virendra Ganediwala,...

    The Ministry of Law and Justice has issued a notification confirming the official resignation of Justice Pushpa Virendra Ganediwala from the office of Additional Judge, Bombay High Court. This is in pursuance of proviso (a) to clause (1) of Article 217 of the Constitution.

    As per the notification, the resignation is with effect from 11th February, 2022.

    Justice Pushpa Virendra Ganediwala, the author of the controversial POCSO judgement was an additional judge of the High Court (Nagpur Bench). Her tenure was set to expire on 12th February 2022, as the Supreme Court collegium did not recommend the extension of her term.

    Justice Ganediwala delivered two judgments relating to child sex abuse, which attracted widespread criticism for taking the proposition that direct skin to skin contact was necessary for constituting the offence of sexual assault under the POCSO Act. Following the controversy, the Supreme Court collegium revoked the recommendation made by it on January 20 to make her a permanent judge of the Bombay High Court.

    A month later, in February 2021, the Collegium recommended the extension of her term as an additional judge for one more year, instead of proposing to make her a permanent judge.

    Her controversial judgments were overruled by the Supreme Court last year in an appeal filed by the Attorney General for India. In a verdict delivered in November 2021, a 3-judge bench of the Supreme Court held that what mattered for the offence of sexual assault was "sexual intent" with which the contact was made.

    Click Here To Read/Download Notification


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