[POCSO Acquittals] Supreme Court Collegium withdraws recommendation to make Bombay High Court judge permanent

Controversial judgments acquitting accused persons under the Protection of Children from Sexual Offences (POCSO) Act has prompted the Supreme Court Collegium to withdraw its consent to make Justice Pushpa V Ganediwala a permanent judge of Bombay High Court, ToI reports. .As per the report, the three-member Collegium headed by Chief Justice of India, SA Bobde and also comprising Justices NV Ramana and Rohinton Fali Nariman took the decision to recall its January 20 recommendation made to the Central government to make Justice Ganediwala a permanent judge. She is currently an additional judge of Bombay High Court. .Supreme Court Collegium recommends appointment of Justice PV Ganediwala as Permanent Judge of Bombay High Court.The ToI report further states that the decision to withdraw the recommendation came after two senior Supreme Court judges, who hail from Maharashtra, Justices DY Chandrachud and AM Khanwilkar conveyed their reservations to the Collegium to make Justice Ganediwala a permanent judge. .Justice Ganediwala had handed down three acquittals under the POCSO Act in three separate cases, all within a week. .In a judgment delivered on January 14, she reversed a conviction order after noting that there was nothing supporting the prosecution's case for rape (Jageshwar Wasudeo Kawle v. State of Maharashtra)..On January 15, she held that the act of holding hands of a minor or the zip of the pants of the accused being open at the relevant time, does not amount to sexual assault as defined under Section 7 of the POCSO Act (Libnus v. State of Maharashtra). .A third judgment was delivered on January 19 in which she ruled that the act of pressing the breast of a child aged 12 years without removing her top will not fall within the definition of ‘sexual assault’ under Section 7 of POCSO (Satish Ragde v. State of Maharashtra)..This third ruling had caused an uproar with the Supreme Court staying the judgment on a mentioning made by Attorney General KK Venugopal. .Interestingly, it was a day after third POCSO ruling that the Collegium recommended that she be made permanent judge though news about the ruling had not come in public domain then. .Justice Ganediwala was appointed additional judge of Bombay High Court on February 8, 2019. She started her judicial career in 2007 when she was appointed District Judge. She has held postings as City Civil Court, Mumbai; District Court and Family Court at Nagpur; Joint Director of Maharashtra Judicial Academy (MJA); Principal District & Sessions Judge, Nagpur; Registrar General, High Court of Judicature at Bombay and also Principal Judge at City Civil Court, Mumbai..[Read more on the three judgments below].Bombay High Court acquits rape convict after victim's testimony fails to inspire confidence .Holding hands of victim or open pant zip of accused will not amount to sexual assault under POCSO Act: Bombay High Court .[BREAKING] Supreme Court stays Bombay High Court judgment which ruled skin-to-skin contact necessary for offence of 'sexual assault' under POCSO