A three-member Supreme Court collegium has once again backed Surabh Kirpal, an openly gay lawyer, to be appointed as a judge in the Delhi High Court. The collegium consisted of Chief Justice of India DY Chandrachud, SK Kaul, and SM Joseph.
This is a reiteration the Supreme Court's recommendation from November 2021, when the top court gave its support for Kirpal to be appointed as a judge. This time, the collegium added that Kirpal's appointment as a Delhi HC judge has been pending for 5 years and called for it to be processed expeditiously.
Following the apex court's recommendation in November, the central government had raised its objections against Kirpal being elevated to a judge. The reasons for Centre's objections were made public today.
The first reason for objection was his sexual identity, of which he is very open. The second reason for the Centre to oppose Kirpal being appointed judge was that his partner is a Swiss national.
In today's hearing, the collegium made it clear that neither Kirpal's sexuality, nor his partner's identity, pose any real challenge to him being appointed a judge of the Delhi HC.
The collegium also added that Kirpal's inclusion in Delhi High Court bench would provide diversity to the bench.
