Supreme Court: The Supreme Court Collegium expressed its disagreement with the Center for returning the proposal to appoint Senior Advocate Saurabh Kirpal as a Judge in Delhi High Court, based on his openness about his sexual orientation and his partner being a Swiss National having a bearing on national security.
The proposal to appoint Senior Advocate Kripal has been pending since over five years which was unanimously made by the Collegium of Delhi High Court on 13-10-2017 and approved by the Supreme Court collegium on 11-11-2021.
The Center had 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”. Moreover, it had been stated that the candidate’s “ardent involvement and passionate attachment to the cause of gay-rights” would not rule out the possibility of bias and prejudice.
However, the Supreme Court Collegium comprising of Chief Justice D.Y. Chandrachud, S.K. Kaul and K.M. Joseph J.J., in a resolution dated 18-01-2023 reiterated Senior Advocate Kripal’s name and said that there is no apprehension in regard to the individual conduct or behaviour of the partner of Senior Advocate Kirpal having a bearing on 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. Many persons in high positions including present and past holders of constitutional offices have and have had spouses who are foreign Nationals.”
The Collegium further stated that every individual is entitled to maintain their own dignity and individuality, based on sexual orientation. Senior Advocate Kirpal’s openness about his orientation goes to his credit and rejecting his candidature on this ground would be contrary to the constitutional principles laid down by the Supreme Court.
The Collegium agreed that it was advisable for Senior Advocate Kirpal to not to speak to the Press in regard to the reasons which may have weighed in the recommendation of the Collegium being sent back for reconsideration and added that his appointment will add value to the Bench of the Delhi High Court and provide inclusion and diversity.
While reiterating the proposal, the Collegium was of the view that “The overwhelmingly positive aspects of the candidature of Shri Saurabh Kirpal must, therefore, weigh in the balance.”
“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.”
Simran Singh, Editorial Assistant has put this report together
Senior Advocate Saurabh Kirpal’s image courtesy jlflitfest.org
