Ex-judge Ganediwala, who gave controversial verdicts, to get pension on par with HC judge

Former HC judge Pushpa Ganediwala entitled to pension on par with high court judge after controversial POCSO Act judgments.

The Bombay High Court on Thursday (March 13, 2025) said that Pushpa Ganediwala, the former HC judge who had faced flak over a series of controversial judgments in POCSO Act cases, was entitled to receive pension on par with a high court judge.

Ms. Ganediwala was demoted as district sessions judge at the end of her additional judgeship on February 12, 2022, following an uproar over some judgments passed by her on the interpretation of what constitutes a sexual assault under the Protection of Children from Sexual Offences (POCSO) Act.

She had ruled that there has to be "skin-to-skin contact with sexual intent" in order for the act to be considered as an offence of sexual assault under the POCSO Act, and that "holding hands of a minor girl and opening of zip of his [accused] pants" does not fall under the definition of 'sexual assault' of the Act.

In July 2023, Ms. Ganediwala filed a petition before the high court, challenging a communication dated November 2, 2022, issued by the HC (original side) registrar declaring that she was not eligible/entitled for pension of a HC judge and other benefits.

Ms. Ganediwala had sought for pension as HC's additional judge, contending it should be irrespective of the fact whether she voluntarily retired or superannuated after attaining a specific age.

On Thursday, a division bench of Chief Justice Alok Aradhe and Justice Bharati Dangre quashed the November 2022 communication and said Ms. Ganediwala was entitled to pension on par with an additional judge of the HC from February 2022.

"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.