SC collegium reiterates recommendation to appoint lawyer Saurabh Kripal as judge, Center objected

New Delhi: The Supreme Court Collegium has reiterated its recommendation to appoint Saurabh Kripal as a judge of the Delhi High Court. The recommendation has been sent to the Centre. The collegium disagreed with the Center sending back the proposal on the ground of being open about his sexual orientation. In fact, the Center was apprehensive that given his "attachment" to gay rights, the possibility of Kirpal's bias could not be ruled out. So, the proposal was sent back for reconsideration.

However, in a January 18 resolution reiterating Kripal's name, 'Saurabh has been open about his orientation' said by the collegium comprising CJI DY Chandrachud, Justice SK Kaul and Justice KM Joseph. Rejecting his candidature on that ground keeping in view the constitutionally recognized rights would be clearly contrary to the constitutional principles laid down by the Supreme Court.

The proposal is pending for more than five years to appoint Kirpal. It was unanimously recommended by the Delhi High Court Collegium on 13 October 2017 and approved by the Supreme Court Collegium on 11 November 2021.

The collegium has said that Kirpal was advised not to speak to the press regarding the reasons that the recommendations of the collegium may be sent back for reconsideration. However, it also states that Kripal has ability, integrity, and intelligence. His appointment will provide inclusion and diversity to the Delhi High Court. His conduct and behavior have been beyond the board.

On the question raised by the Center on Kirpal's partner Swiss national for withdrawing the proposal, the collegium has said that there is no apprehension that the behavior of Kirpal's partner has any bearing on national security. Many persons in high positions, including present and past, are and have been foreign nationals, spouses of holders of constitutional positions. Therefore, in principle, there can be no objection to the candidature of Saurabh Kripal on the ground that his companion is a foreign national. Therefore, the overwhelmingly positive aspects of Saurabh Kripal's candidature must be weighed.