The Supreme Court collegium has not made any recommendation with regard to extension or confirmation of additional judge, Justice Pushpa Ganediwala, of the Bombay High Court, whose tenure is set to expire in February 2022.
Justice Ganediwala was the author of the controversial skin-to-skin judgment in Protection of Children from Sexual Offence (POCSO) Act matter where she held that skin-to-skin contact was mandatory for prosecuting a person under charges of sexual assault. The judgement was overturned by the Supreme Court which observed that any “narrow and pedantic” interpretation of the laws cannot be accepted.
In another case, justice Ganediwala had held that unzipping of pants and flashing before a minor wouldn't amount to sexual assault.
The collegium has, however, recommended that three additional judges of Bombay High Court – justices Madhav Jamdar, Amit Borkar and Shrikant Kulkarni – be made permanent. Their tenures were set to expire in January 2022. The collegium has also recommended extension of tenure of additional judge Justice Abhay Ahuja for one year as additional judge. The tenure of Justice Ahuja was set to expire in March, 2022. Once the recommendations are approved, the Bombay High Court will have 52 permanent judges and 8 additional judges.
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