This is why the Supreme Court expressed its displeasure with the Central Government’s attitude last week. Withholding the names recommended by the Supreme Court Collegium, the court stated, was “not acceptable.”
‘The collegium system has many flaws’
Advocate Kirpal expressed his own reservations about the collegium system, which has sparked a public debate between the government and the judiciary. He stated, “I am not one of those who believe the collegium system is a good system… It has a lot of flaws in my opinion. It should be improved. Maybe the government should play a more formal role in the appointment.”
‘I will not explain myself’
When asked if his elevation was stalled because of his sexual orientation, Kirpal replied, “I’ve never received any feedback from the government or the collegium. Many times I’ve heard that the reason given is that my partner is a human rights activist, but he isn’t…he works as a visa officer in the embassy, has nothing to do with human rights, but no one has ever contacted me, so I won’t give any explanation.”
‘The government’s views on LGBTQ people were outdated
“I think the government is still against a certain point of view or (section) 377 (which criminalises homosexuality) and has a certain point of view on homosexuality,” the advocate continued. I did not object… He never filed an affidavit requesting that it be decriminalised.” Kirpal also stated that the government’s stance on LGBTQ issues was outdated.
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Since at least 2017, the appointment of senior advocate Saurabh Kirpal as a High Court judge has been delayed.
He believes his homosexuality is to blame for this. He told a media outlet that his homosexuality is the reason his promotion is in jeopardy.
“The reason is my sexuality; I don’t think the government wants to appoint an openly gay person to the bench,” said Kirpal.
According to media reports, the Delhi High Court proposed his name first, but the Intelligence Bureau (IB), which conducted a background check, determined that his partner, a European national, could pose a security risk.
According to reports, the Supreme Court collegium postponed its decision on Kirpal’s recommendation three times between 2019 and 2020.
Despite the Supreme Court’s approval, the Center did not make an announcement
Finally, in November 2021, the Supreme Court collegium led by then-CJI NV Ramana approved Kirpal’s elevation to the Delhi High Court, overruling the central government’s initial objections. Despite this, Kirpal’s appointment was not announced by the government.
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This is why the Supreme Court expressed its displeasure with the Central Government’s attitude last week. Withholding the names recommended by the Supreme Court Collegium, the court stated, was “not acceptable.”
‘The collegium system has many flaws’
Advocate Kirpal expressed his own reservations about the collegium system, which has sparked a public debate between the government and the judiciary. He stated, “I am not one of those who believe the collegium system is a good system… It has a lot of flaws in my opinion. It should be improved. Maybe the government should play a more formal role in the appointment.”
‘I will not explain myself’
When asked if his elevation was stalled because of his sexual orientation, Kirpal replied, “I’ve never received any feedback from the government or the collegium. Many times I’ve heard that the reason given is that my partner is a human rights activist, but he isn’t…he works as a visa officer in the embassy, has nothing to do with human rights, but no one has ever contacted me, so I won’t give any explanation.”
‘The government’s views on LGBTQ people were outdated
“I think the government is still against a certain point of view or (section) 377 (which criminalises homosexuality) and has a certain point of view on homosexuality,” the advocate continued. I did not object… He never filed an affidavit requesting that it be decriminalised.” Kirpal also stated that the government’s stance on LGBTQ issues was outdated.
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