New Delhi: The Central government has yet again sent back the proposal sent by the Supreme Court Collegium for the elevation of senior advocate Saurabh Kripal as a judge of the Delhi High Court. Kirpal is a member of the LGBT community and the son of former Chief Justice of India BN Kirpal. His name was recommended by the collegium headed by former CJI NV Ramana. The group of judges that recommends names to the Centre for appointment of judges in the higher judiciary, held the meeting on November 11, 2021, and decided on his elevation.
This is not the first time his name has been sent back. In 2017, the Delhi High Court's Collegium recommended Kirpal's name as a Delhi High Court judge.
Kirpal attributes the delay in his appointment to his sexual orientation. If appointed, he will be the first openly gay judge in the country.
In an interview, he had said his sexuality was the reason why his candidature had not been considered for elevation as a judge.
According to reports, the Centre, while rejecting his elevation, has cited his relationship with a person of foreign origin and called it a security risk for the country. The lawyer, however, dismissed the reasoning.
On Monday, a Supreme Court bench, headed by Justice Sanjay Krishnan, said some names recommended by the court had been pending for the last one and a half years, which is against the rules. The court observed that the delay could be because the Centre couldn't clear the NJAC bill.
The court asked the Attorney General and Solicitor General -- the top law officers representing the Central government -- to ensure that the law of the land is followed in this regard.
The court said that timelines relating to the consideration of judges' names have to be adhered to.
Also read: More hurdles for gay lawyer Saurabh Kirpal: Centre asks SC Collegium to ‘reconsider’ his elevation
The court remarked that keeping names on hold is not acceptable as it is becoming a device to compel these persons to withdraw their names.
Homosexuality is no longer a crime in India. However, people from the LGBTQ often face societal and institutional discrimination.
Last week, the Supreme Court sought the government's response to pleas demanding allowing of same-sex marriages under the Special Marriage Act.
