SC Collegium reiterates recommendation to appoint Saurabh Kirpal as Judge, Delhi HC

The Supreme Court Collegium has reiterated its recommendation made on November 11, 2021, to appoint senior advocate Saurabh Kirpal, an openly gay person, as Judge of the Delhi High Court. In its statement, the Collegium clarified its stand on the objections raised to its recommendation.

Concerning the objection that Kirpal's partner was a Swiss national, the Collegium stated there is no reason to “pre-suppose” that the partner of the candidate, who is a Swiss national, would be inimically disposed to India, since the country of his origin is a friendly nation.

The Collegium observed that the objections did not reflect any “apprehension in regard to the individual conduct or behaviour of the partner of Kirpal having a bearing on national security”.

On the objection that he was in an “intimate relationship and is open about his sexual orientation,” the Collegium said, “it needs to be noted that the decisions of the Constitution bench of the apex court have established the constitutional position that every individual is entitled to maintain their own dignity and individuality, based on sexual orientation.”