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The Bombay High Court has ruled that former high court judge Pushpa Ganediwala, who faced significant criticism over controversial verdicts in cases under the Protection of Children from Sexual Offences (POCSO) Act, is entitled to receive a pension on par with a high court judge.
According to PTI reports, a division bench comprising Chief Justice Alok Aradhe and Justice Bharati Dangre quashed a communication dated November 2, 2022, from the High Court's registry, which had declared that Ganediwala was not eligible for a high court judge's pension and related benefits. The court directed the registry to fix her pension along with 6 per cent interest from February 2022 within two months.
Ganediwala, who served as an additional judge of the Bombay High Court, was demoted to the position of district sessions judge after her additional judgeship ended on February 12, 2022. This followed widespread criticism over some of her rulings under the POCSO Act.
Ganediwala's judgments sparked outrage, particularly her interpretation of what constitutes sexual assault under the POCSO Act. In one such verdict, she ruled that "skin-to-skin contact with sexual intent" was necessary to establish an offence of sexual assault. She also stated that "holding the hands of a minor girl and opening the zip of the accused's trousers" did not meet the definition of sexual assault under the Act.
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The Supreme Court Collegium had initially recommended Ganediwala for appointment as a permanent high court judge in January 2021. However, following backlash over her rulings, the Collegium withdrew its recommendation. Her tenure as an additional judge was extended by one year but was not renewed beyond February 2022.
In July 2023, Ganediwala filed a petition before the high court, challenging the November 2022 communication that denied her pension benefits. She argued that she was entitled to pension benefits as an additional high court judge, regardless of whether she voluntarily retired or superannuated after reaching the retirement age.
Ganediwala asserted that the denial of pension was "arbitrary and unsustainable in law." She pointed out that she had served as an additional high court judge for nearly three years and that her resignation was forced due to the Collegium's decision not to make her a permanent judge.
The court upheld her argument, recognising her service as a high court judge and confirming her entitlement to pension benefits. "We direct the registry to fix her pension along with 6 per cent interest from February 2022 within two months from today," the court ordered.
Background and tenure
Ganediwala began her judicial career as a district judge on October 26, 2007. She was appointed as an additional judge of the Bombay High Court in 2019. Her appointment as a permanent judge was approved by the Supreme Court in January 2021, but the Collegium later withdrew its recommendation.
Her tenure ended in February 2022, and without an extension or permanent appointment, she was demoted back to the district judiciary as a district sessions judge. Faced with this situation, Ganediwala chose to resign.
The Bombay High Court's decision is expected to provide some relief to Ganediwala, who maintained that the denial of pension was unjust and not supported by law. The ruling also sets a precedent for recognising the service of additional high court judges in similar situations.
(With inputs from PTI)
