The Supreme Court Collegium on Wednesday reiterated its November 2021 recommendation to nominate Senior Advocate Saurabh Kirpal as a judge of the Delhi High Court.
The Collegium, led by Chief Justice of India (CJI) D Y Chandrachud, reiterated in detail the decision of a Supreme Court Constitution Bench that held that every individual is entitled to maintain their own dignity and individuality based on sexual orientation.
It was also stated that Kirpal’s appointment will add value to the Delhi High Court bench by providing inclusion and diversity.
“In view of the constitutionally recognised rights which the candidate espouses, it would be manifestly contrary to the constitutional principles laid down by the Supreme Court to reject his candidature on that ground. “Shri Saurabh Kirpal possesses competence, integrity, and intellect,” according to the judicial appointments panel.
This explanation was given in response to the Central Government’s rejection of Kirpal’s elevation proposal on the basis of two objections, one of which was Kirpal’s openness about his sexual orientation.
According to the resolution, a letter from the Law Minister stated that while “homosexuality is no longer criminalised in India,” “same sex marriage continues to be devoid of recognition in either codified statutory law or uncodified personal law in India.” “passionate involvement and attachment to the cause of gay rights”.
In response to this, the Collegium’s resolution noted that two communications of R&AW did not reflect any apprehension in regard to the individual conduct or behaviour of Kirpal’s partner as regards national security. “There is no reason to pre-suppose that the partner of the candidate, who is a Swiss National, would be inimically disposed to our country, since the country of his origin is a friendly nation.”
It also emphasised that many people in high positions, including current and former constitutional officeholders, have foreign-national spouses.
The resolution also considers that Kirpal’s comments to the press about the recommendations being sent back for reconsideration may have been unwise.
Nonetheless, it was argued that because his name had been pending for more than five years, this should not be viewed negatively.
On October 13, 2017, the Delhi High Court Collegium unanimously recommended Kirpal, and the Supreme Court Collegium approved him on November 11, 2021.
