SC again recommends gay lawyer’s appointment as Delhi HC Judge, refutes Centre’s objection

Mangalore Today News Network / News18

New Delhi, Jan 20, 2023: The Supreme Court Collegium has reiterated its recommendation to appoint senior advocate Saurabh Kirpal, who is openly gay, as a judge of the Delhi High Court and refuted the Centre’s objection that though homosexuality stands decriminalised in India, same-sex marriage is still bereft of recognition.

Kirpal is the son of former Chief Justice of India B N Kirpal.

 

The three-member Collegium headed by Chief Justice of India DY Chandrachud and also comprising Justices S K Kaul and K M Joseph, said the proposal for appointment of Kirpal as a judge of the high court, which has been pending for over five years, needs to be processed expeditiously.

“In this backdrop, the Collegium resolves to reiterate its recommendation dated 11 November, 2021 for appointment of Shri Saurabh Kirpal as a Judge of the Delhi High Court which needs to be processed expeditiously," read a statement uploaded on the SC website.

“The recommendation unanimously made by the Collegium of the Delhi High Court on October 13, 2017 and approved by the Supreme Court Collegium on November 11, 2021 has been referred back to us on November 25, 2022 for reconsideration in light of the observations made in the file," it noted.

The SC also lauded Kirpal for not hiding his sexual orientation, saying it “goes to his credit" that he has not been surreptitious about it.

The top court also mentioned two objections by the Research & Analysis Wing (R&AW) to the recommendation. First, Kirpal’s partner is a Swiss national, and second, he is in an intimate relationship and is open about his sexual orientation.

The SC statement also quoted the letter of the Union Law Minister, dated April 1, 2021, which stated that though homosexuality stands de-criminalised in India, nonetheless same-sex marriage still remains bereft of recognition either in codified statutory law or uncodified personal law in India.

Addressing these objections, the Collegium said the two communications of R&AW do not reflect any apprehension in regard to the individual conduct or behaviour of the partner of Kirpal having a bearing on national security.

It said there is no reason to “pre-suppose" that the partner of the candidate, who is a Swiss national, would be inimically disposed to India since the country of his origin is a friendly nation.

“Many persons in high positions including present and past holders of constitutional offices have and have had spouses who are foreign nationals. Hence, as a matter of principle, there can be no objection to the candidature of Shri Saurabh Kirpal on the ground that his partner is a foreign national," the statement said.

The top court said Kirpal possesses “competence, integrity and intellect" and his appointment will add value to the bench of the Delhi High Court and provide inclusion and diversity.