Saurabh Kirpal has been offered again as judge of Delhi High Court
New Delhi:
A three-member High Court university headed by Chief Justice of the Supreme Court of India NV Ramana has proposed to elect senior supporter Saurabh Kirpal as a judge of the Delhi High Court. According to a university statement, the decision was made at a meeting held on 11 November. The other two university members are Justices UU Lalit and AM Khanwilkar.
The enhanced recommendation comes after a decision on the matter was repeatedly postponed amid objectionable reports from the government.
In March, Chief Justice of the Supreme Court of India, SA Bobde, asked the central government to clear its position on the election of Saurabh Kirpal as a judge of the Delhi High Court.
It is the fourth time that Mr Kirpal’s final decision on the upgrade has been postponed.
Mr. Kirpal was introduced by the Delhi High Court University headed by Justice Gita Mittal for the first time in October 2017.
In September 2018, the University of the Supreme Court decided to bring it up for review “after a while”.
The university delayed its decision when it came back in January 2019 and then in April 2019.
On September 6, 2018 – two days after the Supreme Court university first considered and postponed Mr Kirpal’s appointment as judge – a bench of five judges read Section 377 of the Penal Code India, which criminalizes homosexuality.
It was reported that the government had raised a red flag for Mr. Kirpal’s promotion out of concern about a potential conflict of interest given his partner was European and worked with the Swiss embassy.
However, there is also speculation that the delay in introducing Mr. Kirpal’s name was due to his sexual orientation. If appointed, Mr. Kirpal would be India’s first openly gay judge.
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