SC Collegium Backs Gay Lawyer Saurabh Kirpal For Delhi HC Judge, Makes Response Public

The Supreme Court on Thursday reiterated its recommendation of November 11, 2021, to appoint senior advocate Saurabh Kirpal, a senior advocate as a Delhi High Court Judge. For the first time, the apex court publicly uploaded its response on its website refuting the Centre's objections to the elevation of three judges --- Saurabh Kirpal to the Delhi High Court, Somasekhar Sundaresan to the Bombay High Court and R John Sathyan to the Madras High Court.

In regards to Saurabh Kripal, an openly gay person, a three-member Collegium headed by Chief Justice of India DY Chandrachud said Kirpal’s appointment as a judge was pending for five years and had to be processed “expeditiously”.

In its statement to appoint Kirpal as the HC judge, the Collegium noted, "As regards the second objection, it needs to be noted that the decisions of the Constitution Bench of this Court have established the constitutional position that every individual is entitled to maintain their own dignity and individuality, based on sexual orientation. The fact that Mr. Saurabh Kirpal has been open about his orientation is a matter which goes to his credit. As a prospective candidate for judgeship, he has not been surreptitious about his orientation. In view of the constitutionally recognized 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."

It further said that Kirpal, the son of former CJI BN Kirpal, possesses competence, integrity and intellect. "His appointment will add value to the Bench of the Delhi High Court and provide inclusion and diversity."

The Centre had earlier sent back Kirpal’s name for reconsideration and had expressed apprehension over his openness about his sexual orientation, the collegium resolution dated 18 January said.

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