13-Year-Old Bravery Award Winner Writes Letter Petition To CJI Bobde And Bombay HC CJ Against Justice Ganediwala

OVERVIEW

• A petition letter has been addressed to the Chief Justice of India S.A. Bobde, Justice D.Y. Chandrachud and Chief Justice of Bombay High Court, with a prayer to dismiss Justice Pushpa Ganediwala (Additional Judge, Bombay High Court) for being a part of the judicial system.
• Zen Sadavarte, a 13-year-old National Bravery Awardee, highlighted the recent controversial verdicts passed by the judge in two POCSO cases.

'Pushpa Ganediwala, her controversial order is like no other, it is rather shameful and incorrect in the blessings of right to dignity and natural justice guaranteed under Article 21 of the Constitution.”

• On January 19, Justice Ganediwala passed an order acquitting a 39-year-old man from Protection of Children from Sexual Offences (POCSO) Act provisions, stating that pressing a minor's breast without 'skin-to-skin contact' does not amount to sexual assault.
• Further, on January 28, Justice Ganediwala passed another order which held that holding hands of a minor and unzipping of pants cannot be termed as sexual assault under POCSO Act, 2012.
• The order of acquittal of the 39-year-old man received severe criticism and the order was stayed on the contention of Attorney General K.K. Venugopal.
• Consequently, the Supreme Court Collegium unprecedently also retracted its recommendation to the Central Government for appointing Justice Ganediwala as a permanent judge in the Bombay High Court.

PRAYER BY THE PETITIONER

• Sadavarte stated in his letter questioning how the citizens of India trust a judge who holds such 'inhumane' and 'thoughtless form of justice', and mentioned that courts hold their request to the highest merit but only until they function well and within the 'meditative appliance' of law of the land.
• Conclusively, the petitioner prayed that in the interest of true and appropriate play of law, Justice Ganediwala be dismissed from the judicial system as Justice/Judge in any court of law, neither the district nor the High Court.

CONCLUSION

• As mentioned by AG K.K. Venugopal in his statement, the orders indeed would be setting a 'very dangerous precedent' by defying the intention of POCSO to penalize sexual offenders. Supreme Court's measure, however, do display a stand of cognizance being taken on behalf of the legal experts.
• CJI Bobde and Bombay HC CJ are yet to respond to the petition addressed to them, although appropriate action adhering to the letter is awaited.

WHAT IS YOUR OPINION REGARDING THE PETITION WRITTEN TO THE CJI AND BOMBAY HC CJ? IS DISMISSAL OF A JUDGE AN APPROPRIATE STEP IN SUCH A CASE? LET US KNOW IN THE COMMENTS BELOW!