In an unprecedented move,the Supreme Court on Thursday 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, after reiterating its recommendation of November 11, 2021, to appoint senior advocate Saurabh Kirpal, a senior advocate as a Delhi High Court Judge.
As per media reports, the three judges, Chief Justice DY Chandrachud and Justices SK Kaul and KM Joseph, decided to bring the entire issue before the public after conducting a series of meetings.
It has been reported that the three judges also had a meeting on Wednesday and a follow-up meeting was held on Thursday morning before the letters were uploaded on the Supreme Court website.
It was also decided that the Collegium will re-recommend the elevation of lawyers Saurabh Kirpal, Somasekhar Sundaresan and R John Sathyan.
In the three letters uploaded on Thursday, the court has revealed the reasons for objections of the Centre and the intelligence agencies and its own response to it.
What happened yesterday?
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.
(With PTI Inputs)
