The three-member SC Collegium stated that the application for Kirpal's appointment as a high court judge needs to be processed expeditiously.
Reiterating its suggestion, Supreme Court Collegium has recommended assigning senior lawyer Saurabh Kirpal, who identifies himself as gay openly, as a judge of the Delhi High Court. The top court has also rejected the Centre's argument that even though homosexuality is no longer an offense in India, same-sex unions are still not recognised.
Kirpal is the son of former Indian Chief Justice B N Kirpal. The three-member Collegium, which was presided over by Chief Justice of India DY Chandrachud, Justices S K Kaul and K M Joseph, stated that the application for Kirpal's appointment as a high court judge 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. Additionally, the SC praised Kirpal for being transparent about his sexual orientation, saying it "goes to his credit" that he hasn't been secretive about it.
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Centre's objections
The Research & Analysis Wing's (R&AW) two objections to the recommendation were also mentioned by the top court. In addition to being in an intimate relationship and being out about his sexual orientation, Kirpal's partner is a citizen of Switzerland.
The Union Law Minister's letter, dated April 1, 2021, was also cited in the SC statement. It stated that while homosexuality is no longer a crime in India, same-sex marriage is still not recognised by either codified statutory law or uncodified personal law.
Supreme Court's reaction to objections
In response to these objections, Collegium stated that there is no indication in the two communications from R&AW that there is any concern about the partner of Kirpal's conduct or behaviour having an impact on national security. It stated that there is no reason to "pre-suppose" that the candidate's Swiss-national partner would have a negative attitude toward India because his home country is a friendly country.
“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 reads.
The Supreme Court stated that Kirpal has "competence, integrity, and intellect." Additionally, his appointment will promote inclusion and diversity on the Delhi High Court bench.
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(With inputs from ANI)
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