Report by Tanya Singh:
Justice Pushpa Ganediwala’s fresh tenure would be effective from February 13. Her earlier tenure as an additional judge was to end on Friday. Last month, the Supreme Court collegium had withdrawn its approval to a proposal for the appointment of additional judge, Justice Ganediwala as a permanent judge of the court following her two controversial verdicts. The collegium had recommended that she be given a fresh term as an additional judge for two years.
In a January 19 ruling, Justice Pushpa Ganediwala, 51, dominated that groping a minor’s breast without “skin-to-skin contact” can’t be termed as sexual assault as outlined beneath the Safety of Kids from Sexual Offences (POCSO) Act. Days later, the Supreme Courtroom put that order on maintain, permitting the federal government’s high lawyer to file a petition in opposition to it. The order was “disturbing” and would create a harmful precedent, Legal professional Common KK Venugopal had stated. Saying that Section 8 of POCSO provides for stringent punishment of five years’ of rigorous imprisonment, she observed that “stricter proof and serious allegations are required”. So the man was convicted “under minor offence u/s 354 of IPC and sentenced to undergo RI”. On January 27, the Supreme Court stayed this order.
Additional judges to high courts are appointed either from the Bar directly or state judiciary under Article 224 (1) of the Constitution for a period not exceeding two years. The age of retirement is the same as that of permanent judges – 62 years. Additional judge posts are constitutionally mandated to be temporary posts to handle the “increased burden of the court”. However, these posts are increasingly used as probationary periods for judges before they are promoted as permanent judges.