SC collegium reiterates gay lawyer Saurabh Kirpal’s name for Delhi HC

The Supreme Court Collegium has reaffirmed its earlier recommendation to elevate gay lawyer Saurabh Kirpal as a judge of the Delhi High Court.

The top judicial appointment body, led by Chief Justice of India DY Chandrachud, brushed aside the Centre’s objections to Kirpal’s elevation as Delhi HC judge. Kirpal is the son of the former Chief Justice of India, BN Kirpal.

Kirpal’s name was proposed in 2017 by the then-Delhi High Court collegium. However, the Supreme Court collegium took four years to forward his name to the Union government and finally did it in November 2021.

However, the Centre returned the file in November 2022, objecting to Kirpal’s candidature. Reports have previously said one of the reasons for the Centre’s stand is Kirpal’s partner, a foreigner.

In a statement, the Supreme Court Collegium on Thursday addressed the concerns raised by the Centre. It said there seem to be two objections to the recommendation made by the collegium: that Kirpal’s partner is a Swiss national and he is in an intimate relationship and open about his sexual orientation.

The Supreme Court Collegium said reports by intelligence agencies “do not reflect any apprehension” in regard to the individual conduct or behaviour of Kirpal’s partner having a bearing on national security.

On the second objection, the collegium said it needs to be noted that the decisions of the Constitution Bench of the apex court have established that “every individual is entitled to maintain their own dignity and individuality, based on sexual orientation”.